Ukraine urges the ICJ to provide conviction to the belief that international law is not an empty promise

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In the International Court of Justice on Monday, agent for Ukraine during his oral arguments in the case relating to the current Ukraine-Russia situation submitted that Ukraine urges the ICJ to provide conviction to the belief that international “law is not an empty promise”.

In response to the Russian attack on its soil, Ukraine had filed an application before the International Court of Justice to start proceedings against Russia over the allegations of Genocide under the convention on the Prevention and Punishment of the Crime of Genocide.

Ukraine submitted that "It is a great honor and solemn responsibility to be here today. We are here today in this building called the Peace Palace, but at home, my country faces a war of aggression."

"I'm standing in a room called the Great Hall of Justice but at home, my countrymen, see only the injustice of Russia's bombs, missiles, falling on our cities and neighborhoods," the agent added.

Agent for Ukraine further informed the Court that babies are being born there in underground tunnels, and hospitals are being shelved.

Mentioning about the difficulties being faced by the State of Ukraine and its citizen the agent stated that "We can no longer provide state services to our citizens who reside in occupied territory, including the administrative services, education, medical services, for instance, Covid-19 vaccinations."

Referring to Russia's side of seats in the ICJ, the agent says, "The fact that Russia seats are empty speaks loudly. They are not here, in this Court of law. They are in the battlefield waging aggressive war against my country. This is how Russia solves disputes, but Ukraine has another position.

It may be noted that Russia had refused to appear before the International Court of Justice stating that they do not intend to participate in the present proceedings. Whereas, the Court has regrated the non-appearance of the Russian Federation in the oral proceeding.

The Ukrainian agent has alleged that Russia's use of the Genocide Convention to mask its unlawful invasion can only be described as proceeding in bad faith and violation of the convention. In addition to this, they further submitted that article I confirms that genocide is a crime. The provision includes both an obligation not to commit genocide as well as a duty to act and prevent genocide.

They further alleged that the full history of Russia's mistreatment of Ukraine is not before the Court. Russia has presented a narrative of falsities.

"We have come to this Court because of grotesque lie and we seek protection from the devastating consequences of that lie. That lie is claims of genocide in Ukraine." the agent from Ukraine added.

The agent argued that what is the point of having these bodies if they do not act at this moment of transparent aggression.

"The provisional measure that Ukraine request are achievable and grounded anything less would fail to vindicate the value of the institution," the agent added.

Ukraine has requested for the following directions from the ICJ:

  1. The Russian Federation shall immediately suspend the military operations.
  2. The Russian Federation shall ensure that any military subject to its control takes no steps in furtherance of their military operations.
  3. The Russian federation shall refrain from any act.
  4. The Russian Federation shall submit a report within 1 week.

In addition to this, the agent has further submitted that the preliminary relief they have requested will not be the final relief.

The ICJ has concluded the public hearing on the request for the indication of provisional measures submitted by Ukraine, the court said that they will now begin its deliberations.

Case Title: Ukraine V. Russian Federation before International Court of Justice