Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russian Federation)

The International Court of Justice ordered Russia, as a provisional measure, to suspend immediately the military operations it began in Ukraine in February 2022.

Citation
(2022) ICJ Reports 211
Court
International Court of Justice
Year
2022
Subject
Public International Law
Topic
Use of force, armed conflict and international criminal law

Facts

On 24 February 2022, Russia began a full scale military invasion of Ukraine, which it described as a special military operation, claiming among other things that it was necessary to prevent genocide against Russian speakers in eastern Ukraine. Ukraine brought proceedings against Russia under the Genocide Convention, arguing that there was no genocide in eastern Ukraine, and that Russia could not lawfully use force in Ukraine on the basis of a false allegation of genocide. Ukraine requested provisional measures.

Legal principle

The International Court of Justice ordered, by 13 votes to 2, that Russia shall immediately suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine, and ensure that any military or irregular armed units which may be directed or supported by it take no steps in furtherance of those operations. The court said that it was not in possession of evidence substantiating the allegation of genocide by Ukraine, and that it was doubtful that the Genocide Convention authorised a contracting party's unilateral use of force in the territory of another state to prevent or punish an alleged genocide. Russia did not comply with the order. In a later judgment on preliminary objections, the court held that it had jurisdiction only over part of Ukraine's claims.

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