Is the International Court of Justice an Option for Ukraine in Light of the Conflict with Russia?

Ukraine and Russia conclude a special agreement to submit the case to the ICJ;

Ukraine files a claim by virtue of a jurisdictional clause, i.e. a treaty provision which provides that in the event of a disagreement as to application or interpretation of a treaty, one of the States may refer the dispute to the ICJ without obtaining respondent’s consent.

There was no dispute between Georgia and Russian Federation;

The procedural requirements for recourse to the ICJ were not fulfilled;

The alleged wrongful conduct took place outside of Russia’s territory;

The Court’s jurisdiction was limited ratione temporis.