A ruling of significance

Apart from the ongoing heroic struggle of Ukraine on battleground to preserve its sovereignty, the country has also gained a big diplomatic edge at the International Court of Justice. It is true that the chances of successful enforcement of the provisional measures announced by the ICJ are quite slim but it has lent a significant diplomatic weight for the country at the global stage. Ukraine has certainly strengthened its case in the Russia-Ukraine conflict. The country had approached the International Court of Justice merely two days after Russia launched an attack on the territory of Ukraine. Ukraine's application before the ICJ had countered the Russian allegation that people in Luhansk and Donetsk region "have been facing humiliation and genocide perpetrated by the Kiev". Ukraine had termed this allegation to be "an absurd lie". It is largely agreed upon that Russia has been using a false and constructed pretext to pursue its geopolitical agenda and expansionist ambitions. Acknowledgement of the same by the highest court at the international level adds weight to Ukrainian stand against Russia. The court could not have been more outright in saying that the Russian Federation "must immediately suspend the military operations it commenced in the territory of Ukraine on February 24, 2022". ICJ's order was based on Article IX of the Genocide Convention — to which both Russia and Ukraine are parties. The convention confers powers to the ICJ to adjudicate on "disputes between the Contracting Parties". Russia, which had been consistently touting genocide in Luhansk and Donetsk region as a motivation to launch military attack against Ukraine, has now averred that the "attack was instead based on Article 51 of the United Nations Charter (self -defence) and customary international law." Though Russia has certain outlets to escape from abiding by the ICJ ruling, it cannot rule out the diplomatic pressure it has been facing on account of the court's order. As things stand today, it is almost certain that Russia is not willing to submit to the ruling — despite the fact that it is legally-binding to the party states. Russia made its intent clear as it didn't participate in the proceedings on provisional measures, to which the ICJ Judge Joan E Donoghue remarked, "The Court regrets the non-appearance of the Russian Federation in these oral proceedings." Owing to sovereignty issues of the member states, the International Court of Justice doesn't have any enforcement mechanism to get its order implemented on the ground. Ultimately, everything boils down to the voluntary discretion of the parties involved — contradicting the very principle of the order being "legally binding". The situation becomes more complex if the ruling goes against any of the P-5 members of the United Nations Security Council (UNSC). The only remedial measure to initiate proceedings against a non-complying party is to approach the UNSC where Russia, in the present case, will already be there with a veto. However, even if Russia fails to comply with the provisional measures, Ukraine must still promptly knock at the doors of UNSC, so as to expose the still darker side of Russia in front of the world. The manner in which the war is fought is as important as the outcome. Where on one hand, Russia is using sledge-hammer tactics in pursuit of the results it is obsessed with, Ukraine, on the other, has shown the strength of going by legal proceedings. It is true that the powerful Western countries have been backing Ukraine right since the beginning, but Ukraine has immensely built upon its diplomatic strength ever since the outbreak of the war, through the finesse of its own leaders and grit of its people. Perception and show of confidence matter a great deal in any war. Not just Ukraine, through its resilient fight on the battleground, has exposed the limitations of Russia's military strength but is also commanding more legitimacy by trusting, and abiding by, the international laws. Ukraine appears to have found an answer to Russia's brute force. The Ukrainian president has been doing it consciously. To quote him: "Ukraine gained a complete victory in its case against Russia at the international court of justice". He tweeted that "the order is binding under international law. Russia must comply immediately. Ignoring the order will isolate Russia even further." Ukraine has also been quite straightforward and assertive when it comes to appealing for help from the global superpowers. It is time for Russia to take a rational position in resolving the conflict. It must find a somewhat dignified closure route to end the war.