Russia's War in Ukraine: A Role for International Law
Russia's war in Ukraine is a throwback to the barbarism of the 1930s. International judicial intervention is required.
January 12, 2023 at 10:00 AM
6 minute read
The International Court of Justice (ICJ) is the principal judicial body of the United Nations. It hears legal disputes between countries—but only if they consent to its jurisdiction. On Feb. 26, 2022, Ukraine, citing Articles 36(1) and 40 of the ICJ's Statute and Article 38 of its Rules, filed an "Application Instituting Proceedings" against Russia. Because neither have consented to ICJ jurisdiction, Ukraine had to assert a rationale for the court to accept jurisdiction. It did so on the grounds that both countries are parties to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, of which Article IX provides that disputes between parties shall be submitted to the ICJ.
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