War in Ukraine and the International Court of Justice: Provisional Measures and the Third-Party Right to Intervene in Proceedings

Abstract

At the time of writing, the war in Ukraine was the subject of ICJ proceedings in the Allegations of Genocide case. As the case title suggests, however, the key issue before the ICJ is not Russia’s use of force, but the question of genocide. Restrictions on its jurisdiction have led to the ICJ facing a serious dilemma between, on the one hand, having to meet unprecedented high levels of expectation and political pressure to stop Russia’s military action and, on the other, inherent legal constraints in maintaining its judicial character. This article elucidates how the ICJ has overcome procedural hurdles, including the requirements for provisional measures and intervention, to reach conclusions in favour of Ukraine. It also highlights the procedural challenges arising from the acrobatic reasoning adopted by the ICJ in the present case.