By Lehlohonolo Lehana.
The International Court of Justice on Wednesday directed Russia to suspend its military operations in Ukraine, issuing a preliminary but likely unenforceable order in Kyiv’s suit contending that the Kremlin justified its invasion on the false pretext of stopping a purported genocide in Ukraine’s Russian-speaking Luhansk and Donetsk regions.
The world court, an arm of the United Nations based in The Hague, has no independent power to enforce its decisions, and Russia already has argued the 15-member tribunal lacked jurisdiction over the dispute.
But the 13-2 decision, with only the Russian and Chinese judges dissenting, adds a legal dimension to the diplomatic condemnation and economic sanctions the Kremlin’s invasion has provoked throughout the world.
The orders don’t resolve Ukraine’s claims, but the court’s president, Joan Donoghue, said Kyiv had presented a plausible case and Moscow must halt military actions to avoid inflicting more damage while legal proceedings move forward at The Hague.
Judge Donoghue, an American and former U.S. State Department lawyer, stressed that the court’s orders have “binding effect and thus create international legal obligations” on Russia.
Both Russia and Ukraine are parties to the Genocide Convention and have given the world court authority to resolve disputes under the treaty. But only the U.N. Security Council can take action to enforce the court’s decisions, an unlikely prospect with Russia holding a veto.
Russia failed to appear at last week’s hearing in Ukraine’s case, instead submitting a letter denying the court held jurisdiction over the dispute.
Wednesday’s decision found that the court likely held jurisdiction, but left a final resolution of the question to further proceedings.