Considering the rising death toll of civilians, extensive destruction of cities across the country, and the mass exodus of refugees from Ukraine, it will be very challenging for Russia to get away with impunity. The ICC has already begun investigations for alleged crimes and the ICJ is employing a fast-track procedure to bring a ruling on provisional measures. But as seen in the Al-Bashir case, it will be very demanding to extradite the Russian leaders to the ICC. Moreover, even if the ICJ orders provisional measures against Russia, it is very unlikely that Russia will comply with the Court’s orders. Nonetheless, the decisions from these courts can impose significant pressure on Russia to halt the attacks and even be a possible legal basis for imposing more sanctions on the country.
Ukraine deserves the international community’s support and praise for its firm diplomatic response and spirited defense against powerful countries such as Russia, harnessing all possible international legal channels to assert its legal rights. The Republic of Korea, once a war-ravaged country that has been rebuilt and transformed into a democratic and economic powerhouse with assistance from the UN, needs to join the international efforts actively to resolve the situation in Ukraine based on the ROK’s own experiences. Last but not least, the ROK should be more active in asserting ROK’s own legal rights in the international legal order as seen in the situation in Ukraine considering that realizing the rule of law in the international community can contribute to promoting peace and security on the Korean peninsula.
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