The International Court of Justice said it would rule “as soon as possible” on Ukraine’s demand for an emergency order for an immediate cessation of hostilities by Russia following hearings in The Hague boycotted by Moscow.
The UN Supreme Court closed the hearing on Monday afternoon, a day earlier than planned, due to a Russian boycott. Ukraine stated that Russia is obliged to listen to any decision of the International Court of Justice.
The court uses an expedited procedure, which can make a decision on provisional compensation within a few days. Russia has no chance of complying with this decision, but it will deal another blow to Moscow’s waning diplomatic prestige.
Ukraine accuses Russia of illegally justifying its war with a false claim of genocide in the self-proclaimed republics of Lugansk and Donetsk. The case is one that Ukraine has taken to international courts in an attempt to secure a ruling that Russia is acting illegally or committing war crimes.
“The fact that the Russian seats are empty says a lot,” said Ukrainian representative Anton Korynevych. They are not here in this court: they are on the battlefield, waging an aggressive war against my country.”
He called on Russia to “lay down their arms and present their evidence.”
Ukraine’s representative in court, David Sionts, said: “Ukraine comes to this court because of a grotesque lie and asks for protection from the devastating consequences of this lie. Lies are the statements of the Russian Federation about the genocide in Ukraine. The consequences are unprovoked aggression, besieged cities, shelling of civilians, a humanitarian catastrophe and refugees fleeing.”
The International Court of Justice was established after World War II to resolve disputes between UN member states based primarily on treaties and conventions. His rulings are binding, but he has no real means to enforce them.
International Court of Justice President Joan Donoghue said the court regretted Russia’s absence. The International Court of Justice is empowered to rule if one of the parties fails to appear to testify in writing or in person.
Ukraine wants the court to take interim measures ordering Russia to “immediately suspend hostilities” pending a full decision on the dispute, which could take years.
The case focuses on the interpretation of the 1948 UN genocide convention signed by both countries. The treaty names the International Court of Justice as a forum for settling disputes between signatories.
Russia says it is acting under a UN charter to prevent the genocide it claims was perpetrated against Russian-speaking Ukrainians, mostly in the breakaway republic of Donetsk.
Vladimir Putin said that Russia’s “special military action” is necessary “to protect people who have been subjected to abuse and genocide,” referring to those whose native or only language is Russian.
A leading association of genocide researchers has echoed Ukraine’s and Western powers’ view that Russia is illegally using the term “genocide” to describe the treatment of Russian speakers in eastern Ukraine.
“There is absolutely no evidence that a genocide is taking place in Ukraine,” Melanie O’Brien, president of the International Association of Genocide Scholars, told Reuters.
Since the all-out invasion of Ukraine began on February 24, Moscow has repeatedly denied that it has targeted civilians. The official UN civilian death toll is 364, including more than 20 children, although officials say the real death toll is likely higher.
“Putin is lying, and Ukrainians – our citizens – are dying,” Korynevych told the court. “Russia needs to be stopped, and the court must play its part.”
The International Court of Justice is the highest court for settling disputes between states, and while cases usually take years to resolve, it has a fast-track procedure for requests for “interim measures” to prevent the situation from worsening.
This case is separate from the war crimes investigation in Ukraine initiated by the International Criminal Court, another tribunal also based in The Hague. Last week, the International Criminal Court’s chief prosecutor, Karim Khan, said he would continue to investigate alleged war crimes and crimes against humanity committed in Ukraine following Moscow’s invasion.