Ori Pomson Profile picture
Feb 22, 2023 6 tweets 4 min read Read on X
Some quick observations on the #ICJ's two orders today in the respective #Armenia-#Azerbaijan cases. 🪡1/6
Probably most controversial finding in today's orders is the (thinly reasoned) finding that the interruption of movement along the Lachin Corridor plausibly constitutes violation of #Cerd.
J Yusuf's criticism of shoehorning disputes into Cerd compromissory clause worth a read. 2/
Given the ICJ's finding in 2021 that Azerbaijan's claims relating landmines did not plausibly fall under the Cerd, little surprise that it rejected Azerbaijan's claims this time round. However, a few nuggets in the individual opinions... 3/
Judge ad hoc Keith rightly points out the pitfalls of reading too much into the language of the ICJ in its provisional measures orders, given the short time the Court has in preparing them. 4/
Also on the issue of language used in a provisional measures order, it seems more than mere coincidence that the two judges who did not participate in the Court's 2021 order in the case (rightly) implied that the Court could have been more precise therein. 5/
Last but not least, the headnotes accompanying Judge Sebutinde's separate opinion appear to be the first at the ICJ which refer to the individual judge in the third-person (but those accompanying Judge Yusuf's opinion do not...). A new style? Only time will tell! 🔮 6/END

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More from @OriPomson

Sep 23, 2022
#Finland's🇫🇮 and #Estonia's🇪🇪 respective declarations of intervention are now available on the #ICJ's website:
icj-cij.org/public/files/c…
icj-cij.org/public/files/c…
Observations🪡 #Ukraine #Russia 1/19
Both 🇫🇮🇪🇪 invoke their right of intervention under art 63 and the nature of obligations enshrined in Genocide Convention. 🇪🇪 also invokes J Cançado Trindade's opinion in Whaling case underlying importance of intervention for treaties where collective interests are concerned. 2/ ImageImageImageImage
🇫🇮🇪🇪 also consider capacity to intervene on jurisdictional issues, noting art 63 does not distinguish between different phases. They refer both to Judge Schwebel's opinion in the Nicaragua case and to leading treatises on the subject to justify intervention on such issues. 3/ ImageImageImage
Read 20 tweets
Sep 21, 2022
#Ireland's🇮🇪 declaration of intervention is now available on the #ICJ's website: icj-cij.org/public/files/c…
Observations 🪡 #Ukraine #Russia 1/10
Ireland, like almost all the other other interveners, invokes both its right to intervene pursuant to art 63 of the ICJ Statute as well as the nature of the obligations found in the Genocide Convention to justify its intervention. 2/ Image
Ireland (only) invokes two provisions of the Convention as those it seeks to give its construction on: art I (prevention and punishment of genocide) and art IX (compromissory clause). 3/
Read 10 tweets
Sep 20, 2022
#Poland🇵🇱, #Italy🇮🇹 and #Denmark's🇩🇰 respective declarations of intervention are now available on the #ICJ's website:
icj-cij.org/public/files/c…
icj-cij.org/public/files/c…
icj-cij.org/public/files/c…
Some observations 🪡 #Ukraine #Russia 1/27
To begin all three states invoke their "right" to intervene under art 63 of the Statute, while Denmark and Italy also invoke the nature of obligations in the Genocide Convention. All three also try to add their respective personal touches. 2/
🇵🇱 invokes its "history of supporting efforts to prevent and punish genocide", following "genocide perpetrated on Polish nationals during [WWII] by Nazi Germany and the Soviet Union (the predecessor of [Russia])", while noting Soviet perpetrators were never held to account. 3/
Read 27 tweets
Sep 15, 2022
#France's declaration of intervention is now available on the #ICJ's website: icj-cij.org/public/files/c…
Some observations – c'est parti! 🪡 #Ukraine #Russia 1/19
Starting off, France invokes its right to intervene under art 63 of the Statute, while also underlining the legal nature of the obligations under the Genocide Convention (no personal touch but does later quote the Court observing the prohibition on genocide is peremptory(!)). 2/
As for the provisions of the Genocide Convention it seeks to offer its construction, by reference to Ukraine's application France cites arts I, II, IV, VIII, IX. 3/
Read 19 tweets
Sep 14, 2022
#Romania's declaration of intervention is now available on the #ICJ's website: icj-cij.org/public/files/c…
A few observations 🪡 #Ukraine #Russia 1/16
To begin, Romania's declaration is very much to-the-point. While it does underline the importance of the Genocide Convention, it doesn't expand so much beyond the Statute's requirements for justifying its intervention. 2/ Image
As for the provisions it plans to offer its construction on, Romania cites arts IX (compromissory clause) and I (prevention and punishment), the latter in turn necessitating interpretation of arts II, III, VIII. 3/
Read 16 tweets
Sep 13, 2022
The text of #Sweden's 🇸🇪 declaration of intervention is now available on the #ICJ's website: icj-cij.org/public/files/c…
Observations 🪡. #Ukraine #Russia 1/25
As is becoming routine for these interventions, Sweden invokes both its "right" to intervene under art 63 of the Statute and the nature of the obligations under the Genocide Convention (though first to cite Judge Cançado Trindade's sep op in the Whaling case order). 2/ ImageImageImageImage
For its personal touch, Sweden invokes itself being a "a keen proponent of a rules-based world order", finding that "it is necessary for it to intervene in this case, in order to place its interpretation of the relevant provisions of the Convention". 3/ ImageImage
Read 25 tweets

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