UN / ICJ RUSSIA UKRAINE

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27-Oct-2022 00:02:14
Addressing the General Assembly today on the case submitted to the International Court of Justice (ICJ) by Ukraine against the Russian Federation, the ICJ President said that the Court concluded that Ukraine had a “plausible right not to be subjected to military operations by the Russian Federation for the purpose of preventing and punishing an alleged genocide in the territory of Ukraine.” UNIFEED

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STORY: UN / ICJ RUSSIA UKRAINE
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DATELINE: 27 OCTOBER 2022, NEW YORK, UNITED STATES / FILE

SHOTLIST:

FILE - NEW YORK CITY

1. Wide shot, exterior UN Headquarters

27 OCTOBER 2022, NEW YORK CITY

2. Wide shot, General Assembly
3. SOUNDBITE (English) Judge Joan E. Donoghue, President, International Court of Justice (ICJ):
“The Court concluded that Ukraine had a plausible right not to be subjected to military operations by the Russian Federation for the purpose of preventing and punishing an alleged genocide in the territory of Ukraine. Further, the Court concluded that a link existed between the right of Ukraine that it had found to be plausible and the requested provisional measures.”
4. Wide shot, Donoghue at dais, General Assembly
5. SOUNDBITE (English) Judge Joan E. Donoghue, President, International Court of Justice (ICJ):
“The Court also concluded that the right of Ukraine that it had found to be plausible was of such a nature that prejudice to that right was capable of causing irreparable harm and that there was urgency. It observed that any military operation, in particular one on the scale of that carried out by the Russian Federation on the territory of Ukraine, inevitably causes loss of life, mental and bodily harm, and damage to property and to the environment.”
6. Wide shot, Donoghue at dais, General Assembly
7. SOUNDBITE (English) Judge Joan E. Donoghue, President, International Court of Justice (ICJ):
“The Court found that the conditions for it to indicate provisional measures were met. It ordered the Russian Federation to immediately suspend the military operations that it had commenced on 24 February 2022 in the territory of Ukraine and to 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 said military operations. The Court also called upon both Parties to refrain from any action which might aggravate or extend the dispute or make it more difficult to resolve.”
8. Wide shot, Donoghue at dais, General Assembly
9. SOUNDBITE (English) Judge Joan E. Donoghue, President, International Court of Justice (ICJ):
“The proceedings on the merits are now suspended, pending the Court’s decision on the preliminary objections filed by the Russian Federation. Ukraine has been given until 3 February 2023 to present a written statement of its observations and submissions on those preliminary objections.”
10. Wide shot, Donoghue at dais, General Assembly

STORYLINE:
Addressing the General Assembly today (27 Oct) on the case submitted to the International Court of Justice (ICJ) by Ukraine against the Russian Federation, the ICJ President said that the Court concluded that Ukraine had a “plausible right not to be subjected to military operations by the Russian Federation for the purpose of preventing and punishing an alleged genocide in the territory of Ukraine.”

On 16 March 2022, the Court delivered its Order on provisional measures in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation).

The case was instituted by Ukraine on 26 February 2022 against the Russian Federation, invoking Article IX of the Genocide Convention as the basis of the Court’s jurisdiction.

Donoghue said that the Russian Federation did not appear at the oral proceedings on the request for the indication of provisional measures, which opened on 7 March 2022.

However, shortly after the closure of the hearing, the Ambassador of the Russian Federation to the Kingdom of the Netherlands communicated to the Court a document setting out “the position of the Russian Federation regarding the lack of jurisdiction of the Court in [the] case.”

In its order, Donoghue said, the Court found that it had prima facie jurisdiction to entertain the case.

It noted in this regard that the elements presented to it were sufficient at that stage to establish, on a prima facie basis, the existence of a dispute between the Parties relating to the interpretation, application, or fulfillment of the Genocide Convention as required under Article IX thereof.

According to the ICJ President, “the Court concluded that a link existed between the right of Ukraine that it had found to be plausible and the requested provisional measures.”

The Court also concluded that the right of Ukraine that it had found to be plausible was of such a nature that prejudice to that right was capable of causing irreparable harm and that there was urgency.

“It observed that any military operation, in particular one on the scale of that carried out by the Russian Federation on the territory of Ukraine, inevitably causes loss of life, mental and bodily harm, and damage to property and to the environment,” Donoghue said.

She continued, “The Court found that the conditions for it to indicate provisional measures were met. It ordered the Russian Federation to immediately suspend the military operations that it had commenced on 24 February 2022 in the territory of Ukraine and to 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 said military operations.”

The Court also called upon both Parties to refrain from any action which might aggravate or extend the dispute or make it more difficult to resolve.

Following the delivery of the Order on the request for the indication of provisional measures, the Court, after consulting the Parties, fixed the time limits for the filing of the Memorial of Ukraine and the Counter-Memorial of the Russian Federation. Ukraine filed its Memorial on 1 July 2022, within the time limit thus fixed.

Since then, declarations of intervention, in this case, have been filed by 22 States.

The European Union has also filed a document in these proceedings, referring to Article 34, paragraph 2, of the Statute, which permits international organizations to present information relevant to cases before the Court.

On 3 October 2022, the Russian Federation appointed an Agent for the purposes of the case and filed preliminary objections to the Court's jurisdiction and to the application's admissibility, pursuant to Article 79bis of the Rules of Court.

In accordance with paragraph 3 of that Article, the proceedings on the merits are now suspended, pending the Court’s decision on the preliminary objections filed by the Russian Federation.

Ukraine has been given until 3 February 2023 to present a written statement of its observations and submissions on those preliminary objections.
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