Russia should ensure escape routes to allow civilians to seek refuge in safer areas. Extension of interim measures

INTERIM MEASURES DECISION

Ukraine v. Russia 01.04.2022

SUMMARY

The Court instructed the Government of the Russian Federation to extend the already indicated interim measures in relation to the military action that began on February 24, 2022 in various parts of Ukraine. It suggested as an additional temporary measure to allow civilians to escape, in order to find safer shelter. It also reiterated that the interim measure proposed by both the Russian Federation and Ukraine in connection with the events in Eastern Ukraine remains in force.

PRINCIPAL FACTS

On 1 and 4 March 2022 the Court (the President of the Court) indicated a number of interim
measures to the Government of the Russian Federation in relation to the military action which
commenced on 24 February 2022 in various parts of Ukraine and recalled that the interim measure
indicated on 13 March 2014 to both the Russian Federation and Ukraine in relation to the events in
eastern Ukraine remained in force (see press releases of 1 March 2022 and of 4 March 2022).

The Government of the Russian Federation submitted their comments on 5 and 11 March 2022.
On 16 March 2022 the Government of Ukraine asked the Court to indicate to the Government of the
Russian Federation a number of interim measures in addition to those which the Court had indicated
on 1 March 2022 and invited the Court to reiterate the urgency of compliance by Russia with the
interim measures directed on 1 and 4 March 2022.

The Court (the President of the Court) examined the Ukrainian Government’s request and on
24 March 2022 invited the Government of the Russian Federation to provide, inter alia, their
comments on those requests and to reply to a number of specific questions relating to the requests.
At the same time, the Court also invited the Government of Ukraine to provide further information
and updates.

The Government of the Russian Federation have not provided any replies to those requests.
The Government of Ukraine, for their part, informed the Court on 28 March 2022 that they
maintained their request and provided updates and additional information.

In their request of 16 March 2022 and further submissions of 28 March 2022, the Government of
Ukraine requested the Court to indicate to the Government of the Russian Federation that they
should not use any form of prohibited, nuclear, chemical or biological weapons and should not
engage in any further indiscriminate use of any weapons, or any further use of armed force
anticipated to have a disproportionate impact on civilians.

They further requested that the Russian Federation should not take any steps whether by further
attack, cessation of power supply, or otherwise capable of undermining the safety and security of
nuclear facilities within Ukraine and should safeguard the fundamental rights of all staff currently
detained at such sites.

The Ukrainian Government also requested the Court to order the Russian Federation to cease any
operations by Russian forces or agents aimed at the assassination (or abduction or disappearance) of
the civilian leadership of Ukraine and of other Ukrainian citizens and to immediately safeguard the
fundamental rights of at least the Head of Nikolske Village (Mr Vasyl Mitko), the Mayor of
Dniprorudne (Mr Yevhen Matveyev), and the Chairperson of Melitopol District Council (Mr Sergiy
Pryyma), all abducted by Russian agents between 11 and 13 March 2022.

The Government of Ukraine further asked the Court to indicate to the Russian Federation that they
should ensure unimpeded access of the civilian population to safe evacuation routes approved by
the Government of Ukraine, healthcare, food and other essential supplies and should ensure rapid
and unconstrained passage of humanitarian aid and movement of humanitarian workers and that
the said evacuation routes should allow civilians to seek refuge in safe havens within Ukraine or safe
third countries excluding the Russian Federation or Belarus. In that connection, the Ukrainian
Government alleged that the Russian Federation authorities and agents had begun a process of
abduction and forced transfers of large numbers of civilians (including children) to the Russian
Federation.

Having regard to the requests and the information submitted by the Ukrainian Government, the
Court reiterates its interim measure of 1 March 2022 in which it indicated to the Government of the
Russian Federation to refrain from military attacks against civilians and civilian objects, including
residential premises, emergency vehicles and other specially protected civilian objects such as
schools and hospitals, and to ensure immediately the safety of the medical establishments,
personnel and emergency vehicles within the territory under attack or siege by Russian troops. The
Court considers that this interim measure must be understood to cover any and all attacks against
civilians, including with the use of any form of prohibited weapons, measures targeting particular
civilians due to their status, as well as the destruction of civilian objects under the control of Russian
forces. The Court thus concludes that this part of the request is already covered by the interim
measure indicated on 1 March 2022 which remains in force.

The Court further recalls the interim measure already indicated on 4 March 2022 to the Government
of the Russian Federation, under Rule 39, that, in accordance with their engagements under the
Convention, notably in respect of Articles 2, 3 and 8, they should ensure unimpeded access of the
civilian population to safe evacuation routes, healthcare, food and other essential supplies, rapid
and unconstrained passage of humanitarian aid and movement of humanitarian workers.

In the context of the present request and having regard to the current situation on the ground, the
Court decides to indicate to the Government of the Russian Federation, under Rule 39, that the said
evacuation routes should allow civilians to seek refuge in safer regions of Ukraine.

The Court has also decided to give immediate notice of the above interim measure to the
Committee of Ministers of the Council of Europe in accordance with Rule 39 § 2 of the Rules of
Court.