Ukraine moves International Court of Justice seeking compensation

Ukraine moves International Court of Justice seeking compensation

It said that Russia had no lawful basis to take military action against it

Ukraine has filed an application before the International Court of Justice (ICJ) in The Hague seeking provisional measures directing Russia to immediately suspend military operation in the region and cease hostilities.

It has also sought a declaration that the claims of genocide as alleged by Russia within Ukraine's regions Luhansk and Donetsk were false and sought reparations for damages caused by the Russian military action.

The application has invoked the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

The application read, "Ukraine emphatically denies that any such genocide has occurred and brings this application to establish that Russia has no lawful basis to take action in and against Ukraine for the purpose of preventing and punishing any purported genocide."

Ukraine sought the following declarations from the ICJ:

a) Adjudge and declare that contrary to what the Russian Federation claims, no acts of genocide, as defined by Article III of the Genocide Convention, have been committed in the Luhansk and Donetsk oblasts (province) of Ukraine;

b) Adjudge and declare that the Russian Federation cannot lawfully take any action under the Genocide Convention in or against Ukraine aimed at preventing or punishing an alleged genocide;

c) Adjudge and declare that the Russian Federation's recognition of the independence of the so-called 'Donetsk People's Republic' and 'Luhansk People's Republic on 22 February 2022 is based on a false claim of genocide and therefore has no basis;

d) Adjudge and declare that the 'special military operation declared and carried out by the Russian Federation on and after 24 February 2022 is based on a false claim of genocide;

e) Require that the Russian Federation provide assurances and guarantees of non-repetition that it will not take any unlawful measures in and against Ukraine, including the use of force, on the basis of its false claim of genocide.

f) Order full reparation for all damage caused by the Russian Federation as a consequence of any actions taken.

As provisional measures, Ukraine has sought the following directions to be issued to Russia to immediately suspend all military operations.

a) The Russian Federation shall immediately suspend the military operations commenced on 24 February 2022 that have as their stated purpose and objective the prevention and punishment of a claimed genocide in the Luhansk and Donetsk oblasts of Ukraine.

b) The Russian Federation shall immediately 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, direction, or influence, take no steps in furtherance of the military operations that have as their stated purpose and objective preventing or punishing Ukraine for committing genocide.

c) The Russian Federation shall refrain from any action and shall provide assurances that no action is taken that may aggravate or extend the dispute that is the subject of this application, or render this dispute more difficult to resolve.

d) The Russian Federation shall provide a report to the Court on measures taken to implement the Court's order on provisional measures one week after such an order and then on a regular basis to be fixed by the Court.