Legality of the International Court of Justice Ruling on The War Between Russia and Ukraine

Abstract

This study aims to analyze the ongoing debate regarding the jurisdiction of the International Court of Justice (ICJ) in cases related to the interpretation and application of the Convention on the Prevention and Punishment of the Crime of Genocide, with a particular focus on the dispute between Russia and Ukraine. The study adopted the descriptive-analytical method, by examining the Court’s jurisprudence and its decisions, especially concerning the use of provisional measures as a basis for establishing prima facie jurisdiction without the need for a final determination on the merits of jurisdiction. The findings reveal that the Court affirmed that Article IX of the Genocide Convention grants it jurisdiction in cases involving disputes over the interpretation or application of the Convention, and that Ukraine’s reliance on the “compromissory clause” within the Convention provided a sufficient basis to establish its prima facie jurisdiction. The originality of this study lies in highlighting the procedural and legal dimensions of the ICJ’s jurisdiction in contemporary international disputes, with an emphasis on one of the most pressing current conflicts. This contributes to enriching the legal discourse on the Court’s role in safeguarding international peace and security and in interpreting international humanitarian treaties.