ICJ has ordered an end to invasion of Ukraine. This matters 

News: The International Court of Justice (ICJ), the principal judicial organ of the United Nations (UN) has issued a provision measure i.e., an order to Russia to immediately suspend its military operations in Ukraine  

What are the provisional measures?  

These are interim injunctions aimed to preserve the rights of the party to the dispute(like Ukraine in this case). It is an interim order because the final decision is pending on the merits of the case. 

Why did the ICJ order Russia to stop? 

Ukraine moved the ICJ against Russia based on claims that Russia has violated the Genocide Convention that is binding to both Russia and Ukraine.

Russia has waged war against Ukraine based on false claims that Ukraine is committing genocide in its own territory. In response, ICJ ordered to suspend the invasion as a provisional measure under Article 41 of the ICJ Statute.   

ICJ issued the order due to the following reasons:

– ICJ had prima facie jurisdiction in the Russia-Ukraine Case. It is because the subject of genocide fell under the Genocide Convention.  

– The provisional measure is important to preserve the rights claimed by the parties (here Ukraine) when a final decision is pending. Here, Ukraine claimed that it has a right not to be falsely accused of genocide crime and its territorial integrity cannot be threatened by Russia based on the false accusation.  

– If ICJ does not order cessation of military action. It can lead to irreparable harm to Ukraine’s rights. It is visible with the magnitude of destruction that the ongoing war has caused. 

Significance of the ICJ order 

ICJ’s decision is binding on Russia. It constitutes part of its international legal obligations. Its non-compliance can lead to violation of international law.  

What happens in case of non-compliance of ICJ order?

In case of non-compliance with ICJ rulings, it is the responsibility of the UN Security Council (UNSC) to make arrangements for compliance. But as Russia is a permanent member of UNSC, it can veto any actions of the UNSC.  

Even if the ICJ order is not complied by the Russia, the ICJ decision is an impactful step in that direction. It implies an increasing weight of global opinion against Russia on its reckless abuse of international law. 

Source: The post is based on an article “ICJ has ordered an end to invasion of Ukraine, This matters” published in the Indian Express on 23rd Mar 22