Recent updates to the case

 Hey Delegates!

I hope everyone's doing well! As you guys prepare for BMUN this march, I wanted to make a quick post on some of the recent updates to this case:

  • The latest press release from the ICJ details the declaration of intervention filed by the nation of Liechtenstein, following the declarations of other nations as well. Most notable of these is the United States, a nation that previously has remained on the sidelines of most other ICJ cases. 
    • While member states may submit a declaration of intervention, the admissibility of the declaration must first be decided upon by the ICJ, with the parties to the case (Russia and Ukraine) being allowed to submit written observations on a declaration for the court to consider when judging. 
    • In its submission of a declaration of intervention, the US has also answered two questions regarding both the jurisdiction and merits of this case. The US, generally cautious to cede jurisdiction to international bodies, has encouraged broader jurisdiction under the ICJ. In addition, the US has stated its opposition to parties acting to "prevent genocide" in other nations, instead calling on organs of the UN to intervene. 
    • Nations are still generally in disagreement over whether and to what extent they can or will prevent or punish genocide. For example, nations such as the United Kingdom have endorsed a doctrine of humanitarian intervention. 
    • These court declarations often highlight the history of various nations in the global stage. For example, large nations such as Russia, US or UK may historically have preferred less jurisdictional oversight from bodies such as the ICJ or the UN so as to better operate as an individual nation without restrictions. As permanent members (P5) of the UN Security Council, these nations still have a stake in the UN, but oftentimes participate and abide by the conventions of the UN so as to reign in other nations while disregarding UN charters themselves. 
    • Consider how the declarations of intervention and statements made by various nations factor into their own geopolitical relations with the two parties to the case (Russia and Ukraine), and how the interests of your nation may influence your own statements during committee.
  • Russia has submitted preliminary objections to this case, in essence restating its belief that the ICJ does not have jurisdiction over this case. Russia's objections are founded on the premise that the Genocide Convention doesn't actually regulate the use of force in inter-state actions. 
    • This submission actually marks a change in Russia's general response to the statements made and proceedings filed by the court, moving from ignorance and indifference to opposition. 
    • While Russia remains steadfast in its stance, individuals and entities all across Ukraine and the globe are currently working to gather evidence of genocide. Both the statements made by President Putin along with actions taken by Russian troops along its border with Ukraine are being analyzed and used as evidence.
    • This article takes a deeper dive into the allegations of genocide and the standing of the case, and analyzes Russia's actions in the context of the Genocide Convention. 

What are your thoughts on these recent updates? How do you believe these developments will evolve over the next month?

Best,

Deepak Ragu

ICJ, BMUN 71

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