Statement on Ukraine's application against the Russian Federation before the International Court of Justice
The Kingdom of the Netherlands has taken note of Ukraine’s application, on 26 February 2022, against the Russian Federation before the International Court of Justice (ICJ) concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide, and of Ukraine’s request for the indication of provisional measures in that case.
In this regard, the Kingdom of the Netherlands has also taken note of the Court’s Order of 16 March 2022 in which the Court concludes that, prima facie, it has jurisdiction pursuant to Article IX of the Genocide Convention to entertain the case. Furthermore, in this Order the Court considers that the Russian Federation shall, pending the final decision in the case, immediately suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine. In addition, the Court considers that the Russian Federation shall 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 or direction, take no steps in furtherance of the military operations mentioned above. Finally, the Court orders that both Parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.
The Kingdom of the Netherlands wishes to emphasize that, as the Court concluded in its decision of 27 June 2001 in the LaGrand case, provisional measures ordered by the Court under Article 41 of its Statute have legally binding effect. The Kingdom of the Netherlands calls upon the Russian Federation immediately to comply with the Court’s Order of 16 March 2022.