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Monday, April 15, 2024 | Back issues
Courthouse News Service Courthouse News Service

UN high court orders Russia to halt invasion of Ukraine

Moscow is unlikely to comply with the order because it can veto enforcement efforts as a permanent member of the United Nations Security Council.

THE HAGUE, Netherlands (CN) — The United Nations' top court ordered Russia to stop its invasion of Ukraine on Wednesday, granting a request made by Kyiv last month. 

The International Court of Justice granted provisional measures, including ordering Moscow to immediately suspend its military operations after Ukraine complained Russia violated the 1948 Genocide Convention by justifying its invasion of Ukraine as an attempt to stop an ongoing genocide. 

“The Russian Federation shall immediately suspend the special military operations it commenced on 24 February 2022,” court President Joan Donoghue said, reading out the ruling at The Hague-based court. 

The court itself has no enforcement mechanism. While it can refer matters to the U.N. Security Council after countries refuse to comply with its orders, Russia is a permanent member of the council and would likely veto any efforts to enforce orders against the war.

“This is a victory for international law and for the Ukrainian people,” Oksana Zolotaryova of the Ukrainian Ministry of Foreign Affairs told reporters after the ruling was announced. She spoke with her legal team from the steps of the Peace Palace, where the court is located. 

Kyiv is using what experts called a creative approach, arguing that Russia justified its invasion based on the false pretext that Ukraine was committing genocide against Russian-speaking people in Eastern Ukraine. “The case has flipped things on its head,” said international lawyer Priya Pillai, who has been following the proceedings. 

Russia refused to participate in oral arguments held last week. "I am here in the Great Hall of Justice while Ukraine is under attack," Anton Korynevych, Ukraine’s co-agent, told the 16-judge panel. Moscow later submitted written arguments, claiming the court has no jurisdiction. 

The court said Wednesday it was deeply concerned about the ongoing crisis.

“The court is acutely aware of the human tragedy that is taking place in Ukraine,” Donoghue said in her opening remarks.

Earlier on Wednesday, Ukrainian President Volodymyr Zelenskyy addressed Congress and urged the United States to invoke a no-fly zone over Ukraine to protect civilians. He called the ruling “a complete victory” in a statement on Twitter. 

Zelenskyy also met on Wednesday with the chief prosecutor of the International Criminal Court, which opened an investigation into Russian action in Ukraine last week. Investigators from the court have already traveled to Ukraine to gather evidence of possible war crimes or crimes against humanity. 

Ukraine and Russia have a separate case pending at the ICJ over Moscow's funding of rebel groups in eastern Ukraine and discrimination against an ethnic group in the annexed Crimea region. Ukraine has also brought a complaint against Russia at the European Court of Human Rights. The rights court also issued measures telling Russia to cease hostilities.

“While Russia fights with warfare, we fight with lawfare,” Korynevych told reporters from the steps of the Peace Palace after the hearing last week.

Follow @mollyquell
Categories / Courts, Government, International, Politics

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