#ICJ Prelim Measures hearing #Ukraine v #Russia #Genocide Convention begins. Camera lingers on the Russia table, which is notably empty... #intlaw
#ICJ Pres makes clear RF was immediately notifed of the filings, & RF ambassador to NL has indicated RF will not participate in the proceedings.
#Ukraine has chosen ad hoc judge Prof Yves Daudet.
Here is the application for proceedings from #Ukraine, invoking art.36 #ICJ Statute & art.9 #GenCon. icj-cij.org/public/files/c…
Registrar goes through the preliminary measures requested by #Ukraine, available here in Ukraine's request. Essentially, Ukraine is asking #ICJ to ask #Russia to stop military operations which Russia claims are to prevent #genocide. icj-cij.org/public/files/c…
#ICJ Pres reiterates that all parties were informed of the hearing dates to give them time to prepare an argument. #Ukraine has full table- stark contrast to #Russia's empty table.
#Ukraine's agent: gives overview of situation in #Ukraine, e.g. 15,000 people sheltering in #Kyiv's subways. 'The fact that #Russia's seats are empty speaks loudly... They are on a battlefield against my country.'
#Russia knows #intlaw matters- why else would Russia try to justify its aggression? Quotes #Putin 'we had to stop #genocide'. Putin lies & #Ukrainians die. Russians are committing crimes against humanity & #warCrimes in #Ukraine.
Recalls in #WWII #Ukraine & #Russia fought & died together to stop evil. Out of WWII, 2 pillars of #intlaw emerged that are most important: UN Charter, #Genocide Convention.
#Russia treats duty to prevent #genocide as a weapon, not a sacred duty. By falsely claiming genocide to justify its acts of aggression, RF has defiled #genCon.
#Ukraine denies committing #genocide. #Ukraine rejects claim #Russia can invade a sovereign state to stop genocide, & seeks peaceful discussion. #ICJ has responsibility to act under #genCon.
[List of #Ukraine agents is long! Lots of #men! All but one! Always so many men as agents. What about all the brilliant #women #intlaw profs & lawyers?!]
1st up Jean-Marc Thouvenin: #Russia reduced the #genCon to confetti, #ICJ must make it whole again. #Ukraine requests Court act swiftly.
Points out that #Russia has not even shown up, remains silent. Given RF usually challenges w/gusto, this indicates RF knows it cannot challenge prima facie #ICJ jurisdiction.
Reminder of art.9 #genCon- disputes btwn state parties relating to the interpretation, application or fulfilment of #GenCon shall be submitted to #ICJ. No reservation from #Ukraine or #Russia to art.9.
Need to show prima facie existence of dispute relative to #genCon. Marshall Is case: disagreement on point of law, conflict of legal views or interests btwn parties. Must be shown claim of 1 party is positively opposed by other, clearly opposing views.
#ICJ will take into acct all documents exchanged, author of statements, intended addressee & their content. Existence of dispute can be inferred.
(Another poignant shot of the empty #Russia table) 
Only justification given by #Russia for its invasion, that #Ukraine is committing #genocide, doesn't date from Feb 2022, but has been repeated over last 8yrs.
JMT now goes thru various reports of #Russia's accusations of #genocide against #Ukraine, starting in 2014, incl RF committee investigating 'genocide in Donetsk & Lohansk', which alleged it found orders to destroy Russian-speaking pop'n in those areas.
JMT is going thru different aspects of the #Russia investigation committee report which allege findings of breaches of #genCon.
High-ranking #Russian officials & the Russian #media were repeating these allegations of #genocide in Donbas #Ukraine. #Putin's statement was taken up by state media but also foreign media.
JMT continues to go through #Russian accusations that #Ukraine was committing #genocide in Donbas, incl speeches by #Putin.
A more recent speech by #Putin, referring to 8 yrs of 'humiliation & #genocide' by #Ukraine. A number of #Russian statements refer directly to the #genCon.
This evidence demonstrates this is the cause of the dispute. #Ukraine has long publicly stated that the accusations of #genocide by #Russia were for to justify occupation of Donbas. Ukraine dismissed these accusations; so did #USA State Dept, German Chancellor.
#Ukraine showed its disagreement through high-ranking officials such as FM Kuleba, publicly denying accusations of #genocide.
Art.1 provides states have obligation to prevent & punish genocide by all means 'so far as possible'. But nothing authorises intervention in another state. #Nicaragua case: protection takes form of monitoring provided for in convention.
#Nicaragua also held use of force is not appropriate response to monitor #humanRights. But #Russia claims the opposite.
More of #Putin's speeches about protecting 'people who, for 8 yrs now, have been facing humiliation and #genocide' by #Ukraine.
If #Russia really thought #genocide was occurring, it could have taken action in the #ICJ. A state can only act w/in the limits permitted by #intlaw.
'it is forged in iron, in screams, in blood, in tears'
Agent2 DZ: highlights humanitarian catastrophe going on in #Ukraine; #ICJ has prima facie jurisdiction.
Even a basic understanding of facts shows #Russia's allegation of #genocide to be false. Russia's narrative is based on forgeries, fakes & distortions. DZ will present facts documented by #UN #humanRights bodies & other neutral observers.
Going over recent #Russia-#Ukraine history incl occupation of #Crimea & #UN condemnation of this occupation. #Russia used illegal armed groups to infiltrate Donbas/Luhansk. @UNHumanRights reported on this.
@UNHumanRights found grave #humanRights abuses committed by #Russian-supported armed groups on #Ukraine territory, inflicting 'a reign of intimidation & terror'.
Another @UNHumanRights report, finding 'total breakdown in law & order', specifically referencing #Russian fighters, has impacted 'all fundamental #humanRights' of those living in Donbas #Ukraine.
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