On Monday, ICJ [The International Court of Justice] said on March 16, it will resolve the case that Ukraine has brought against Russia.
On March 7, the hearing was boycotted by Russia. Ukraine requested the court to order Russia to cease military activities the reason behind it is said that the invasion was based on a faulty interpretation of the UN genocide treaty.
From the last few weeks, ongoing Russia-Ukraine has been captured with condemnation pouring. Nevertheless, attempts to stop Russia’s determined attack appear pointless. The exclusive sanctions of the US and its western allies attacking Russia have made very little inroads in terms of putting off Russia’s behavior.
The United Nations [UN] Security Council failed to pass an effective resolution courtesy of the Russian veto. Zelenskyy has criticized the concerned perspective of the UN as “international inaction over Russian aggression in Ukraine would fuel the rise of instability and authoritarianism around the world”.
International law violations as per the UN Charter
Russia has constructively intervened and overstepped Article 2. of the UN Charter and the sovereignty of Ukraine. Not only Article 2 (1) is as such violated, but the procedure by which the invasion has taken place is also in violation of Article 1(1), Article 1(2), and Article 2(4) – all of which acknowledge sovereignty as the vital elements of international relations. In addition to this, it also asks for the continuance of international peace and security by way of prudence in the use of force against the territorial integrity or political independence of any state.
Under Article 51 of collective self-defense, Russia absolutely cannot explain its actions. As the concept of ‘anticipatory self-defense, while novel, is not recognized in international law.
International criminal law violations
Although Ukraine is a signatory to the Rome Statute of the International Criminal Court, Russia is not a part of it. Under a combined reading of Articles 8(2)(b)(i), 8(2)(e)(i) and Article 8(2)(b)(iv) of the Statute, any intentional attack against civilian populations and objects includes of a war crime.
The cold-blooded attacks at odds with the civilian population, unrestrained and accompanying death, injury, or damage also find a place to invite the jurisdiction of the International Criminal Court.
International human rights law violations
The attack on Ukraine by Russia and ruthless airstrikes across the nation is a direct violation of the Geneva Conventions and international humanitarian law standards, as it has impacted the civilian population.
Both parties are signatories to important conventions and declarations including the International Covenant to Civil and Political Rights, European Convention on Human Rights, Universal Declaration of Human Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
These treaties guarantee fundamental rights including in it but it is not limited to the right to life and dignity, ill-treatment and forceful detention, the right to be secure from torture, and the right to a fair trial even during a public emergency.
Edited by- Subbuthai Padma
Published by- Iram Rizvi
