Harnie Gold
Member
According to a preliminary decision read by Joan Donoghue, President of the International Court of Justice (ICJ), which is the United Nations’ highest court, the court in the Hague, has called on Russia to immediately cease the on going military action in Ukraine, stating that, it is “profoundly concerned” by Moscow’s use of force.
“The Russian Federation shall immediately suspend the military operations that it commenced on Feb 24, 2022 on the territory of Ukraine,” judges at the United Nations’ highest court said in a 13-2 decision on Wednesday.
However, the order was voted against by Russians and the Chinese.
Although, the Court's decision is binding under the UN Charter and the court order noted they “create international legal obligations for any party to whom the provisional measures are addressed”, but it has no means of enforcement and based on this fact, it may likely not influence Putin’s decision to call an end to the war.
However, US judge Joan Donoghue, who is the court's president said the court “is not in possession of evidence substantiating” Russian allegations of genocide on Ukrainian territory. In any case, she said it was “doubtful” the Genocide Convention gives any authority for the “unilateral use of force in the territory of another state”.
In a tweet, the Ukrainian president, Volodymyr Zelensky said:
“Ukraine gained a complete victory in its case against Russia at the international court of justice,” he further revealed that, “The ICJ ordered to immediately stop the invasion. The order is binding under international law. Russia must comply immediately. Ignoring the order will isolate Russia even further.”
Although Russia was absent in the first hearing on March 4 and neither was her lawyers available on it's ruling on Wednesday 16, but however, the state sent a letter to the ICJ stating that the ICJ had no jurisdiction over the case and Donoghue ruled that “the non-appearance of one of the states concerned cannot in itself constitute an obstacle to” a provisional ruling.
Donoghue said:
“The court concludes that prima facia it has jurisdiction pursuant to article nine of the Genocide Convention to entertain the case".
In conclusion, the judges were unanimously agreed that both states refrain from anything or action that might “aggravate or extend the dispute…or make it more difficult to resolve.”
