16 MARCH 2022 ORDER ALLEGATIONS OF GENOCIDE UNDER THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (UKRAINE v. RUSSIAN FEDERATION) ___________ ALLÉGATIONS DE GÉNOCIDE AU TITRE DE LA CONVENTION POUR LA PRÉVENTION ET LA RÉPRESSION DU CRIME DE GÉNOCIDE (UKRAINE c. FÉDÉRATION DE RUSSIE) 16 MARS 2022 ORDONNANCE
TABLE OF CONTENTS Paragraphs CHRONOLOGY OF THE PROCEDURE 1-16 I. INTRODUCTION 17-23 II. PRIMA FACIE JURISDICTION 24-49 1. General observations 24-27 2. Existence of a dispute relating to the interpretation, application or fulfilment of the Genocide Convention 28-47 3. Conclusion as to prima facie jurisdiction 48-49 III. THE RIGHTS WHOSE PROTECTION IS SOUGHT AND THE LINK BETWEEN SUCH RIGHTS AND THE MEASURES REQUESTED 50-64 IV. RISK OF IRREPARABLE PREJUDICE AND URGENCY 65-77 V. CONCLUSION AND MEASURES TO BE ADOPTED 78-85 OPERATIVE CLAUSE 86 ___________
INTERNATIONAL COURT OF JUSTICE YEAR 2022 2022 16 March General List No. 182 16 March 2022 ALLEGATIONS OF GENOCIDE UNDER THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (UKRAINE v. RUSSIAN FEDERATION) REQUEST FOR THE INDICATION OF PROVISIONAL MEASURES ORDER Present: President DONOGHUE; Vice-President GEVORGIAN; Judges TOMKA, ABRAHAM, BENNOUNA, YUSUF, XUE, SEBUTINDE, BHANDARI, ROBINSON, SALAM, IWASAWA, NOLTE, CHARLESWORTH; Judge ad hoc DAUDET; Registrar GAUTIER. The International Court of Justice, Composed as above, After deliberation, Having regard to Articles 41 and 48 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court, Makes the following Order:
- 2 - 1. On 26 February 2022, at 9.30 p.m., Ukraine filed in the Registry of the Court an Application instituting proceedings against the Russian Federation concerning “a dispute . . . relating to the interpretation, application and fulfilment of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide” (hereinafter the “Genocide Convention” or the “Convention”). 2. At the end of its Application, Ukraine “respectfully requests the Court to: (a) Adjudge and declare that, contrary to what the Russian Federation claims, no acts of genocide, as defined by Article III of the Genocide Convention, have been committed in the Luhansk and Donetsk oblasts of Ukraine. (b) Adjudge and declare that the Russian Federation cannot lawfully take any action under the Genocide Convention in or against Ukraine aimed at preventing or punishing an alleged genocide, on the basis of its false claims of genocide in the Luhansk and Donetsk oblasts of Ukraine. (c) Adjudge and declare that the Russian Federation’s recognition of the independence of the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’ on 22 February 2022 is based on a false claim of genocide and therefore has no basis in the Genocide Convention. (d) Adjudge and declare t...
