Comprehension
The International Court of Justice recalls that, pursuant to Article 41 of its Statute, it has the power to indicate provisional measures when irreparable prejudice could be caused to rights which are the subject of judicial proceedings or when the alleged disregard of such rights may entail irreparable consequences. However, this power will be exercised only if there is urgency, in the sense that there is a real and imminent risk that irreparable prejudice will be caused to the rights claimed before the Court gives its final decision. The condition of urgency is met when the acts susceptible of causing irreparable prejudice can “occur at any moment” before the Court makes a final decision on the case. The Court must therefore consider whether such a risk exists at this stage of the proceedings. The Court is not called upon, for the purposes of its decision on the Request for the indication of provisional measures, to establish the existence of breaches of obligations under the Genocide Convention, but to determine whether the circumstances require the indication of provisional measures for the protection of the right found to be plausible. Having determined that Ukraine can plausibly assert a right under the Genocide Convention and that there is a link between this right and the provisional measures requested, the Court then considers whether irreparable prejudice could be caused to this right and whether there is urgency, in the sense that there is a real and imminent risk that irreparable prejudice will be caused to this right before the Court gives its final decision.
Question: 1
Under what statutory authority did the court pass the ‘provisional measures’ against the Russian Federation?
Under what statutory authority did the court pass the ‘provisional measures’ against the Russian Federation?
Updated On: Jul 11, 2024
- Charter of the United Nations 1945
- Statute of the International Court of Justice 1945
- Genocide Convention, 1948
- None of the above
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Statute of the International Court of Justice 1945
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Question: 2
What ‘irreparable prejudice’ is being talked about in the above paragraph?
What ‘irreparable prejudice’ is being talked about in the above paragraph?
Updated On: Jul 11, 2024
- Violation of the Genocide Convention by Russian Federation.
- Special military operations carried out against the Ukraine
- Violation of Humanitarian laws during the armed conflict by Russian Federation.
- All of the above
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The Correct Option is D
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The Correct Answe is option (D):All of the above
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Question: 3
The reason behind the Russian-Ukraine crisis is:
The reason behind the Russian-Ukraine crisis is:
Updated On: Jul 11, 2024
- The violation of Geneva Convention of the Refugees 1951
- The violation of the Agreement between Confederation of Independent States and Europe
- Threat or use of force contrary to the Purpose and Principles of the United Nations Charter
- Neither (A) nor (B)
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): Threat or use of force contrary to the Purpose and Principles of the United Nations Charter
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Question: 4
If one of the two parties to the dispute fails to appear before the Court during the oral proceedings, the other party may call upon the court to decide the matter in favour of its claim. Which of the following provision provides for this?
If one of the two parties to the dispute fails to appear before the Court during the oral proceedings, the other party may call upon the court to decide the matter in favour of its claim. Which of the following provision provides for this?
Updated On: Jul 11, 2024
- Article 41 of the Statute of the ICJ
- Article 51 of the Statute of the ICJ
- Article 52 of the Statute of the ICJ
- Article 53 of the Statute of the ICJ
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The Correct Option is D
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The Correct Answe is option (D): Article 53 of the Statute of the ICJ
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Question: 5
Under which of the following provisions, Ukraine sought jurisdiction to appear before the Court?
Under which of the following provisions, Ukraine sought jurisdiction to appear before the Court?
Updated On: Jul 11, 2024
- Article 36 of the Statute of the ICJ
- Article IX of the Genocide Convention
- Both (A) and (B)
- Neither (A) nor (B)
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The Correct Option is C
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The Correct Answe is option (C): Both (A) and (B)
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Question: 6
The Russian Federation, in the current dispute submitted to the court, the defence of Article 51 of the UN Charter. What is defence of Article 51?
The Russian Federation, in the current dispute submitted to the court, the defence of Article 51 of the UN Charter. What is defence of Article 51?
Updated On: Jul 11, 2024
- Self-defence
- Force Majure
- Consent
- Pacta sunt servanda
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The Correct Option is A
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The Correct Answe is option (A): Self-defence
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