The Good Fight: The Covington Team Putting Russia on Trial
April 25, 2022, The National Law Journal
The National Law Journal profiled the Covington team, including Marney Cheek, Jonathan Gimblett, and David Zionts, that represented Ukraine in The Hague, where the International Court of Justice ruled that the Russian aggression was an illegal act.
“We were constantly worrying for the people we’ve worked with for years—people we’ve developed close relationships with—not knowing what was happening on the ground,” David stated. “We worked around the clock. And anytime you felt tempted—even for a second—to feel sorry for yourself staying up all night working, you suddenly remembered your friends are over there.”
“Russia made a mockery of that very solemn obligation under international law by using this false claim of genocide as a pretext to invade the country of Ukraine,” Marney conveyed, adding that the team argued that the Russian Federation abused and misused the obligations under the Genocide Convention by acting unilaterally and militarily to stop a genocide where no genocide exists.
As a result of Covington’s work, the International Court of Justice issued provisional measures ordering Russia to immediately suspend its military operations. “Of course, Russia is now in violation of that order,” Marney said.
“It’s entirely appropriate that Ukraine would use the legal tools available—and it’s entirely consistent with the way Ukraine has always looked to resolve its disputes in the way that the United Nations Charter recommends: through adjudication and peaceful negotiation,” Jonathan explained.
Jonathan added, “If Russia fails to comply with the preliminary order to withdraw, which it has done to date, that strengthens Ukraine’s position in the U.N., and the case for diplomatic pushback. That makes it much more likely that right-thinking nations that care about international law will get together in a meaningful way—including with sanctions.”
“I tend to bring what I consider a holistic approach to international disputes. In all of these high-stakes treaty cases, you bring a case for a reason. There is always a purpose behind the case,” Marney said. “It’s extremely important for clients like Ukraine to not only have someone who can stand up and do high-level oral advocacy and think through the legal issues, but also understand how the case fits into the country’s broader policy and strategy.”
David Zionts expressed representing Ukraine has filled him with a “tremendous feeling of privilege and honor. At this moment in particular, you really feel like what you are doing matters to the country,” he said.
Marney added, “As we’re working on these cases, arguing in the Great Hall of Justice at the Peace Palace, I personally feel a great sense of responsibility when I stand to address the court on behalf of Ukraine. I feel that responsibility not just to my client, the state of Ukraine, but to the Ukrainian people.”
Click here to read the full article.
Back
