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Introduction: Give a brief backgrounder on the Ukraine judgment by ICJ. Body: Provide the significance of judgment against Russia, it means why it is important, even if effective or not. In the next part, provide the effectiveness of judgment, i.e., how effective the judgment will be in achieving its intent. Give a brief on the role ICJ plays in resolving international disputes between sovereign nations. Conclusion: Provide a brief conclusion with 3-4 statements on way forward. |
Recently Ukraine challenged the Russian justification in ICJ for invasion of Ukraine. In its justification, Russia claimed that Ukraine was committing genocide against ethnic Russians in the Luhansk and Donetsk and it was the reason for going to war against Ukraine. In this matter, the International Court of Justice (ICJ), the top court of the United Nations, has ordered against Russia and asked it to “immediately suspend” its military operations in Ukraine.
Significance of ICJ order against Russia:
- The Provisional measures are binding. It means even if Russia maintains that the invasion is legal, it is now breaching international law if it fails to comply with the ICJ’s order.
- It has strengthened the position of Ukraine in international community.
- This ruling might help to encourage other states to contribute to actions against Russia’s economy with sanctions and arming Ukraine.
- By this judgement, it is clear that no rule in international law automatically give one state a right to invade another state to stop genocide on the basis of suspicion, under genocide convention.
Effectiveness of ICJ order
- The judgments in the contentious cases are final, binding and without appeal. However, there is no way ICJ can enforce its decisions.
- Parties have the option of approaching the UNSC for enforcement of the Court’s ruling. However, a judgement against one of the five permanent council members or its ally countries can be vetoed by that member.
Role of ICJ in resolving international disputes:
The role of ICJ is to solve legal disputes between states as per international law and to give advisory opinions on legal questions raised by authorized United Nations organs and specialized agencies.
ICJ within its limited jurisdiction has resolved important international disputes like Kulbhushan Jadhav case and consequently has contributed to ensuring international peace and security. It provides countries with a mechanism to settle their disputes peacefully without violence and war. Still, while the ICJ is sometimes deficient, its rulings carry substantial weight in the international community and have the power to affect real change.
ICJ is significant just like the countries condemning violence by other nations i.e., it directly doesn’t stop the violence but discourages the nation from doing so. However, it must be strengthened so that countries can resort to a peaceful method instead of attacking each other to settle dispute.
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