WASHINGTON—Covington & Burling has secured provisional measures on behalf of Ukraine in proceedings against the Russian Federation before the International Court of Justice (“ICJ”)—the principal judicial organ of the United Nations—in relation to Russia’s baseless claim of genocide as a pretext for its unlawful invasion of Ukraine.
On February 26, 2022, just two days after the Russian invasion began, Covington, acting pro bono on behalf of the Government of Ukraine, submitted an Application initiating proceedings against the Russian Federation, together with a Request for the Indication of Provisional Measures, including a request to the ICJ to order Russia to immediately suspend all military operations against Ukraine. The case is brought pursuant to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”), which both Russia and Ukraine have ratified.
Following a hearing on March 7, 2022 in the Peace Palace in The Hague, the Court issued an order granting Ukraine’s request for provisional measures.
Specifically, by 13 votes to 2, the Court ordered the Russian Federation to “immediately suspend the military operations that it commenced on February 24, 2022 in the territory of Ukraine,” and to “ensure that any military or irregular armed units which may be directed or supported by it, as well as any organizations and persons which may be subject to its control or direction, take no steps in furtherance of the military operations” which the Court ordered to be suspended.
“The Russian invasion of Ukraine under the false pretext of preventing and punishing genocide is a threat not just to Ukraine but to the international legal order as we know it,” said partner Marney L. Cheek, counsel for Ukraine and co-chair of Covington’s international disputes practice. “We are proud to work alongside Ukraine and to be part of the international legal response to Russia’s unlawful aggression.”
“Today’s Order has binding effect and creates international legal obligations with which the Russian Federation must comply,” said Covington partner Jonathan Gimblett, counsel for Ukraine. “Ukraine has showed its commitment to international law by bringing this dispute to the ICJ. The Court’s decision today demonstrates that the law stands behind Ukraine in resisting Russia’s aggression based on the lie of genocide.”
“Ukraine will now pursue its case against the Russian Federation to a judgment on the merits, it will demonstrate that Russia’s aggression is based on outrageous and baseless claims of genocide, and it will seek full damages for the harm Russia has caused,” said partner David Zionts, counsel for Ukraine.
The Covington team representing Ukraine is led by partners Marney Cheek, Jonathan Gimblett, and David Zionts, together with special counsel Clovis Trevino, special legal consultant Volodymyr Shkilevych, and associates Paris Aboro, Paul Strauch and Jill Warnock. Covington represents Ukraine in partnership with Professor Harold Hongju Koh of Yale Law School and Professor Jean-Marc Thouvenin of Paris-Nanterre University.
The full text of the ICJ’s Order can be found at https://www.icj-cij.org/public/files/case-related/182/182-20220316-ORD-01-00-EN.pdf.
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