L’inutilité juridique de l’Ordonnance de la Cour Internationale de Justice du 16.03.2022 Ukraine c. Fédération de Russie (Convention sur le génocide)
The legal uselessness of the Order of the International Court of Justice of 16.03.2022 Ukraine v. Russian Federation (Genocide Convention)

Summary/Abstract: The scope of the International Court of Justice’s order requesting Russia, as a provisional measure, to suspend military operations, is linked to the subject matter of the case, namely alleged genocide committed by Ukraine, which Russia claims to stop and prevent. Since Russia also uses, as its main argument, the exercise of the right to self-defence, a matter which is not part of the subject-matter of the case and over which the Court has no jurisdiction, Russia can continue the military operations, justifying them legally solely on the basis of the right to self-defence, and not also on the basis of the prevention and cessation of genocide, without thereby violating its obligation to comply with the Court’s Order. Certainly, the prohibition of aggression, of the use of force in international relations will continue to be violated, as stated by the General Assembly of the United Nations Organization.

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