
Comment of the MFA of Ukraine in connection with the beginning of the hearing in the International Court of Justice concerning application of Provisional Measures in the case of Ukraine vs the Russian Federation
On 6 March
in the Hague, the Netherlands, in the framework of
Ukraine's claim against the Russian Federation, the International Court of
Justice (“ICJ”) will hear Ukraine’s request for provisional measures.
On 16 January
2017, Ukraine filed a case in the ICJ to hold the Russian Federation
accountable for its support for terrorism in the east of Ukraine and acts of
discrimination of ethnic Ukrainians and Crimean Tatars in occupied
Crimea.
Provisional
measures will allow the Court to prevent the situation from deteriorating and,
more importantly, to protect civilians, during the time necessary for
consideration of the case. Proceedings on the merits of the case
will continue however the Court resolves a provisional measures request.
The request
for provisional measures arises at a particularly important time, in the
context of the aggravated situation in Avdiivka and
Crimea.
Ukraine’s
request for provisional measures asks the Court to order the Russian Federation
to stop violating the international law. Specifically, Ukraine will ask
the Court to order that Russia ensures effective control over its border, stops
the flow of weapons from Russia to Ukraine, suspends its support for illegal
armed groups that attack civilians in Ukraine, and refrains from any further
acts of discrimination in occupied Crimea.
The hearing
on provisional measures is expected to last four days. Ukraine will
present arguments on Monday, 6 March, and Wednesday, 8 March. The Russian
Federation will present arguments on Tuesday, 7 March, and Thursday, 9
March. The hearing will open each day at 10 a.m. in Hague, 11 a.m. Ukraine
time.
It can be
viewed live online at http://www.icj-cij.org/presscom/multimedia.php?p1=6 or http://webtv.un.org/live-now/watch/the-hague-1000-am-icj-holds-hearings-in-the-case-of-ukraine-v.-russian-federation/2295230289001
The ICJ
considers requests for provisional measures on an expedited basis. The
Court is expected to issue a decision in the coming months.
As for the
consideration of the case on its merits, in the coming months the ICJ will
define a schedule of written proceedings. Oral hearings will be scheduled
thereafter.