Dr Melanie O'Brien Profile picture
Mar 7 38 tweets 31 min read
#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) Image
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. Image
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. Image
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. Image
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. Image
#Russia's #genocide accusations against #Ukraine are 'legal window dressing' for an invasion.
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. Image
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'
#Ukraine asking #ICJ to show that #intlaw is not just an empty promise. (ouf, what a conclusion!)
Agent2 DZ: highlights humanitarian catastrophe going on in #Ukraine; #ICJ has prima facie jurisdiction. Image
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. ImageImage
@UNHumanRights found grave #humanRights abuses committed by #Russian-supported armed groups on #Ukraine territory, inflicting 'a reign of intimidation & terror'. Image
Another @UNHumanRights report, finding 'total breakdown in law & order', specifically referencing #Russian fighters, has impacted 'all fundamental #humanRights' of those living in Donbas #Ukraine. Image

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More from @DrMelOB

Mar 3
If you are a student & would like a reference from one of your professors 🧵:
1. ASK THEM FIRST if they are will & able to do it. Do not assume.
2. Send them an email w/request. Remind them of who you are (what did you study under that professor).
3. Provide them w/main details about the job you are applying for. They need to know this to decide if they think you really are right for that job, & what kind of content to put in the reference.
Read 9 tweets
Mar 2
A few other #peace & #security #intlaw situations going on in the world that have slipped off the radar because of #Ukraine....
#UNSC imposed an arms embargo on #Yemen's Iran-aligned #Houthis. #UAE was accused of 'making a deal w/the devil' to secure #Russia's vote. reuters.com/world/middle-e…
@RapporteurUn released report naming #Russia, #China, #Serbia as supplying arms to the #Myanmar #Tatmadaw, & called for states to comply with #UNGA res asking states not to supply arms to Tatamadaw. reuters.com/world/asia-pac…
Read 4 tweets
Sep 9, 2021
Let's discuss the absurdity of #academia promotions. I'm going to do a thread of every level of 'approval' required for someone to get a promotion in #academia, just to point out how ridiculous & burdensome the process is.
But first, before the approvals, an extensive application must be written, that takes hrs & hrs of an academic's time. After that, it gets sent off for the first approval...
Approval 1: the head of school or dept. This is not a mere 'signing off'- the HoS/D must also complete an extensive amount of the form, incl apparently knowing all of the candidate's publication stats (thus, this ends up being done by the candidate anyway).
Read 11 tweets
Dec 11, 2019
Day 2 #Gambia v #Myanmar #ICJ begins, w/#ASSK up first. She declares #genocide is a crime, applied by #ICTR to #Rwanda but not to #Kosovo or #Croatia by #ICTY or #ICJ, because of a lack of dolus specialis.
Gambia has put fwd 'Incomplete & misleading factual picture'. Situation in #Rahkine is 'complex & not easy to fathom'. (same rhetoric as we have heard for years)
Complexities go back for yrs. Claims conflict btwn Arakan Army w/5000 fighters & the #Myanmar Army, w/Arakan Army seeking independence. The conflict has led to displacement & security measures such as curfew & checkpoints, applied to all regardless of background.
Read 123 tweets

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