Explained: How ICJ Defers Ukraine Case Against Russia to 2023

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Ukraine Case Against Russia : The March 23 order passed by the International Court of Justice on Ukrainian application against Russia has been deferred by March 23, 2023, the meaning thereby the Ukrainian plea for urgent intervention by ICJ terming Russian war actions as genocide has been nullified by the prolong dates fixed for flings written pleadings on the allegations of genocide by Russia.

New Delhi (ABC Live India): The International Court of Justice on March 16, 2022 passed an order on an application moved by Ukraine against Russia alleging genocide under the convention on the Prevention and punishment of the crime of genocide in ongoing war between them.

In the Order dated March 16, 2022, the ICJ passed following three direction;

The Russian Federation shall immediately suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine;

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;

Both Parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.

It is mentioned worthy that the first two directions were made by the Court by Majority Votes (13/2), whereas third direction was passed unanimously.

On 17 March 2022, the Registrar invited the representatives of the Parties, pursuant to Article 31 of the Rules of Court, to attend a meeting by video link on 22 March 2022 in order for the President of the Court to ascertain the views of the Parties with regard to questions of procedure in the case.

On March 23, 2022 proceedings:

The Agent of Ukraine emphasized the urgency of the situation in his country as a result of the military operations of the Russian Federation and requested that the case be decided as expeditiously as possible; and whereas the Agent stated that Ukraine would need six weeks for the preparation of its Memorial and that the Russian Federation should have the same amount of time for the preparation of its Counter-Memorial.

The Ambassador of the Russian Federation to the Kingdom of the Netherlands recalled that his Government had already indicated that, in its view, the Court lacked jurisdiction in the case; and whereas he added that the question of the participation of the Russian Federation in the proceedings was still under consideration by his Government, but that if it decided to participate, a minimum of 18 months from the filing of the Memorial would be necessary for the preparation of the Counter-Memorial.

After above submissions the court fixed the following dates for filing of the written pleadings:

September 23, 2022 for the Memorial of Ukraine;

March 23, 2023 for the Counter-Memorial of the Russian Federation.

The March 23 order passed by the International Court of Justice on Ukrainian application against  Russia has been deferred by March 23, 2023, the meaning thereby the Ukrainian plea for urgent intervention by ICJ terming Russian war  actions as genocide has been nullified by the prolong dates fixed for flings written pleadings on the allegations of genocide by Russia.

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