International Court of Justice and Provisional Measures under the Genocide Convention: Curious Case of Ukraine v. Russian Federation

Abstract

The ongoing Russian aggression on Ukraine has prompted Ukrainian President Zelensky to seek the assistance of States and international institutions. One such institution that Ukraine approached is the International Court of Justice (ICJ), requesting provisional measures. Ukraine contends that the Russian Federation has falsely claimed that acts of Genocide have occurred in the Luhansk and Donetsk oblast in Eastern Ukraine. In this article, the author details the provisional measures rendered by the ICJ; in doing so, it is contended that the interpretation of the ICJ vis-à-vis the Genocide Convention is flexible and broad, a stark contrast to its previous cases.