International responsibility of States and jus cogens norms

: the conflict between Ukraine vs. Russian Federation

Abstract

The ongoing conflict between Ukraine and Russia has raised several challenges for IL in regulating the violation of international norms (jus cogens norms) for the possible crime of genocide committed by Ukraine and the use of force in the Russian attack. The limitations of International Law in this type of conflict situation, implicating a Great Power such as Russia, have been widely discussed among the experts. In a nutshell, Russia claims that Ukraine is committing genocide as justification for its aggression. This claim is vigorously disputed by Ukraine, which has petitioned the ICJ on behalf of the Genocide Convention against Russia to request an indication of temporary sanctions. The ICJ has granted Ukraine's request for provisional measures directing Russia to quickly end the conflict. Ukraine has sued Russia in the ICJ, basing jurisdiction on the Genocide Convention, to which both states are parties. The lack of international mechanisms to give a proper response to those violations has been a significant challenge for the international community. This thesis aims to discuss the challenges faced by the ICJ and the ICC in the international dispute resolution processes by analyzing the case of Ukraine v. Russian Federation. Despite the fact that Russia has not complied with the ICJ's binding ruling, the weight of the world's opinion is growing against Russia's illegal conduct.

Date of Award	16 Jul 2024
Original language	English
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Isabel Tavares (Supervisor)