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: Aug 13, 2025
- 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 statutory authority under which the court passed the 'provisional measures' against the Russian Federation is the Statute of the International Court of Justice 1945. According to Article 41 of this Statute, the International Court of Justice (ICJ) has the power to indicate provisional measures to prevent irreparable prejudice to rights being subjected to judicial proceedings when there is an urgency, meaning a real and imminent risk that irreparable prejudice will occur before the final decision is made. In this context, the ICJ's decision is intended to protect plausible rights asserted under the Genocide Convention by Ukraine, ensuring they are not irreparably harmed before the Court's final ruling.
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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: Aug 13, 2025
- 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
Solution and Explanation
The question pertains to the concept of "irreparable prejudice" as mentioned in the context of a judicial proceeding by the International Court of Justice. The paragraph outlines the circumstances under which the Court can decide on provisional measures, which are urgent actions that can be taken to prevent potential harm or prejudice before a final decision is reached.
In this specific case, "irreparable prejudice" refers to harm that could be caused by various actions allegedly undertaken by the Russian Federation, which are under judicial scrutiny. These include:
- Violation of the Genocide Convention by the Russian Federation.
- Special military operations carried out against Ukraine.
- Violation of humanitarian laws during the armed conflict by the Russian Federation.
The term "irreparable prejudice" signifies that the Court needs to act quickly to prevent any irreversible damage to rights in question, such as those related to the Genocide Convention that Ukraine can plausibly claim. This involves situations where such prejudice could happen "at any moment" before the final judgment.
Thus, the correct response recognizing all these potential violations leading to "irreparable prejudice" is: 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: Aug 13, 2025
- 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 Russian-Ukraine crisis is attributed to the "Threat or use of force contrary to the Purpose and Principles of the United Nations Charter." This is the correct answer among the given options. The reasoning behind this choice can be understood by examining the function and principles of international law as they relate to conflicts between nations.
The United Nations Charter, established in 1945, outlines foundational principles for maintaining international peace and security, including the prohibition of the threat or use of force against the territorial integrity or political independence of any state. Violating these principles can lead to international tensions and conflicts.
In this specific context, the International Court of Justice (ICJ) plays a crucial role in adjudicating disputes between nations and ensuring adherence to international law. According to the ICJ's Statute, provisional measures can be indicated to prevent irreparable harm or prejudice to the rights under judicial proceedings. This involves determining urgency, as represented by a real and imminent risk of irreparable damage occurring before a case is resolved. When the ICJ identifies such a risk, it may issue measures to protect the plausible rights of a state, such as Ukraine, under conventions like the Genocide Convention.
In summary, the crisis stems from actions perceived as threats or uses of force against the principles of the United Nations Charter, highlighting the importance of international laws in conflict resolution. The Geneva Convention and other agreements are not directly cited as causes in this particular case.
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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: Aug 13, 2025
- 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
Solution and Explanation
The relevant provision from the Statute of the International Court of Justice (ICJ) that allows the Court to decide a matter in favor of the party that calls upon it if the opposing party fails to appear during oral proceedings is Article 53 of the Statute of the ICJ. This article stipulates that if one party does not appear, the other party may request the Court to proceed with the case and make a decision based on the claims and evidence presented by the attending party. This ensures that the legal process continues without hindrance and that justice can be served even in the absence of one disputing party.
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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: Aug 13, 2025
- 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
Solution and Explanation
The International Court of Justice (ICJ) can assert jurisdiction under multiple provisions depending on the nature of the case. For Ukraine to appear before the ICJ, jurisdiction could be grounded on the following legal provisions:
- Article 36 of the Statute of the ICJ: This article provides the basis for the Court's jurisdiction. It allows the ICJ to hear cases brought by states that recognize the Court's jurisdiction as compulsory or through special agreement.
- Article IX of the Genocide Convention: This article specifically provides that disputes between parties relating to the interpretation, application, or fulfillment of the Genocide Convention, including ones concerning the responsibility of a State for genocide, are to be submitted to the ICJ.
In the context presented, Ukraine sought jurisdiction under both of these provisions as they allow for the legal basis needed to bring the case concerning the allegations related to the Genocide Convention and the need for provisional measures.
Thus, the correct choice from the options provided is:
| Both (A) and (B) |
This solution is grounded in the context of the powers and obligations of the ICJ as highlighted, focusing on both the overall jurisdictional grounds of the Court and the specific applicability concerning the Genocide Convention in matters of urgent provisional measures.
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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: Aug 13, 2025
- Self-defence
- Force Majure
- Consent
- Pacta sunt servanda
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The Correct Option is A
Solution and Explanation
In the context of the question regarding the Russian Federation's submission to the court, the defense refers to Article 51 of the United Nations Charter. This article explicitly pertains to the right of self-defense. Article 51 allows a nation to engage in self-defense if an armed attack occurs against it, until the United Nations Security Council has taken measures to maintain international peace and security. Among the provided options:
- Self-defence
- Force Majure
- Consent
- Pacta sunt servanda
The correct interpretation of Article 51 is Self-defence.
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