March 2022 | 313 comments (313 topical, editorial, 0 hidden)

ICC | Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine, 28 Feb

Ukraine is not a State Party to the Rome Statute of the International Criminal Court ("ICC" or the "Court"), so cannot itself refer the situation to my Office. But it has twice exercised its prerogatives to legally accept the Court's jurisdiction over alleged crimes under the Rome Statute occurring on its territory, should the Court choose to exercise it. The first declaration lodged by the Government of Ukraine accepted ICC jurisdiction with respect to alleged crimes committed on Ukrainian territory from 21 November 2013 to 22 February 2014. The second declaration extended this time period on an open-ended basis to encompass ongoing alleged crimes committed throughout the territory of Ukraine from 20 February 2014 onwards. ...

by Cat on Sat Mar 5th, 2022 at 12:24:32 AM EST
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Re: World POWs (none / 0)

APsplainin UN court to rule on bid for order to Russia to halt invasion, 16 Mar

The United Nations' top court is set to rule Wednesday on ["]a request["] by Ukraine for its judges to order Russia to halt its devastating invasion [?].

ICJ | No. 20228/8, "Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation)", 7 Mar 2022

But it remains to be seen if Moscow would comply with any order made by the International Court of Justice, or ICJ, which is sometimes known as the World Court.

Basis of the Court's jurisdiction, qualified petitioners &tc.

If a nation doesn't abide by an order made by the court, judges could seek action from the U.N. Security Council, where Russia holds veto power.

archived enforcement ("English law")

In the days since the March 7 hearing, Russia has intensified its military strikes on towns and cities across Ukraine hitting civilian infrastructure across the country, including a deadly strike on a maternity hospital in Mariupol, and sending more than 3 million refugees fleeing across borders.

Donbass - 2016. Documentary Anne-Laure Bonnel (subtitles EN FR SPA ITA), A/V, running time 00:53:49

The request for an order to halt Russia's attack is ["]linked["] to a case Ukraine has filed based on the Genocide Convention [sic], which has a clause allowing nations to take disputes based on its provisions to the World Court.
The success of Ukraine's request will depend on whether the court accepts it has "prima facie jurisdiction" [?] in the case.

wut

Before last week's hearing, the court's president, U.S. judge [!] Joan E. Donoghue, sent a message to Russian Foreign Minister Sergey Lavrov on March 1 pressing home the necessity to act " in such a way as will enable any order the Court may make on the request for provisional measures to have its appropriate effects."

by Cat on Wed Mar 16th, 2022 at 12:12:25 PM EST
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Re: World POWs (none / 1)

DW | International Court of Justice orders Russia to suspend invasion of Ukraine, 16 Mar

By 13-2 votes, the Russian Federation shall immediately suspend military operations that it commenced on February 24, the verdict said. Only Russian and Chinese judges dissented, according to reports.
[...]
Ukrainian President Volodymyr Zelenskyy welcomed the news on Twitter, saying that "Ukraine gained a complete victory in its case against Russia at the International Court of Justice. The ICJ ordered to immediately stop the invasion.
[...]
Does the case fall under the ICJ's jurisdiction?
The ICJ ruled that Ukraine's request fell under the court's jurisdiction.
The ICJ was set up after the World War II to rule on disputes between UN member states, based mainly on treaties and conventions.
The ICJ's rulings are binding, but it has no executive means to enforce < wipes tears > them in countries.

reference
ICJ | Order of 16 March 2022, Request for the indication of provisional measures, 22 pp

60. Under these circumstances, the Court considers that Ukraine has 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.

syllabus, above (no judgment on merits of genocide, only provisional right to ICJ arbitration; ICJ case law cited in reasoning jurisdiction and controversy is ... ironic, eg. Nicaragua v United States, Gambia v. Myanmar, Armenia v. Azerbaijan countersuits ) and order, below

(1) By thirteen votes to two, The Russian Federation shall immediately suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine;
IN FAVOUR: President Donoghue; Judges Tomka, Abraham, Bennouna, Yusuf, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth; Judge ad hoc Daudet;
AGAINST: Vice-President Gevorgian; Judge Xue;
(2) By thirteen votes to two,
The Russian Federation shall 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 military operations referred to in point (1) above;
IN FAVOUR: President Donoghue; Judges Tomka, Abraham, Bennouna, Yusuf, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth; Judge ad hoc Daudet;
AGAINST: Vice-President Gevorgian; Judge Xue;
(3) Unanimously,
Both Parties shall refrain from any action which might aggravate or extend the dispute before
the Court or make it more difficult to resolve.*

Publication excludes declarations by GEVORGIAN, BENNOUNA, XUE, ROBINSON, NOLTE, ad hoc DAUDET to the Order of the Court--6/14

by Cat on Wed Mar 16th, 2022 at 10:01:35 PM EST
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March 2022 | 313 comments (313 topical, 0 editorial, 0 hidden)