Q&A: The ICJ's Order on Provisional Measures in Ukraine v. Russian Federation

[Nevilledog]

https://www.justsecurity.org/80703/qa-icj-order-on-provisional-measures-ukraine-russia/

The International Court of Justice (ICJ) issued its order today on Ukraine’s application and request for provisional measures against the Russian Federation under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention).

For more, our Managing Editor Megan Corrarino turned to Chimène Keitner, Alfred & Hanna Fromm Professor of International Law at UC Hastings College of the Law in San Francisco and former Counselor on International Law at the U.S. Department of State, with additional assistance provided by UC Hastings law student Zoe Tatarsky. In previous Just Security Q&As, Keitner and Tatarsky shared their insights on Ukraine’s initial submissions and the ICJ hearing on Mar. 5.

Fifteen judges heard this provisional measures request: 14 ICJ members (Judge Cancado Trindade was unable to attend the oral hearing), plus an ad hoc judge appointed by Ukraine. The U.S. judge, Joan E. Donoghue, is currently President of the Court, and the Russian judge, Kirill Gevorgian, is Vice President. By a 13-2 vote, the ICJ ordered the following:

(1) The Russian Federation shall immediately suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine; …

(2) The Russian Federation shall ensure that any military or irregular armed units which may be directed or supported by it, as well as any organizations and persons which may be subject to its control or direction, take no steps in furtherance of the military operations referred to in point (1) above.

By unanimous vote, the Court indicated a third provisional measure:

(3) Both Parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.

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