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01 March 2024 / Marc Weller
Issue: 8061 / Categories: Features , Profession , International justice , International
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Reversal of fortune for Ukraine at the ICJ

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Marc Weller considers the latest development in Ukraine v Russia
  • Analysis of the ICJ’s recent judgment on its jurisdiction in Ukraine’s case against the Russian Federation following the February 2022 invasion.
  • Considers how Ukraine might approach the case, and notes the high threshold for intent.

After its much-observed order on interim measures of protection for Gaza, the International Court of Justice (ICJ) has rendered a further judgment in a genocide case. The judgment concerns its jurisdiction in the action brought by Ukraine against the Russian Federation just two days after the armed invasion of 24 February 2022.

Ukraine v Russia

The judgment will have caused some consternation in Kyiv. The court removed the very essence of the Ukrainian case against the Russian Federation brought under Art IX of the Genocide Convention. The applicant alleged the Russian Federation wrongly claimed Ukraine had conducted a campaign of genocide against Russian speakers in its provinces of Luhansk and Donetsk in justification of its invasion. Hence, the Russian Federation could not lawfully take any action under the Genocide Convention in or

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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