The United Nations' top court said Friday it had jurisdiction to rule in most parts of a case brought by Ukraine
NEWS WIRES
Fri, 2 February 2024
The United Nations' top court said Friday it had jurisdiction to rule in most parts of a case brought by Ukraine over Russia's brutal 2022 invasion, with Kyiv urging reparations.
Ukraine dragged Russia before the International Court of Justice only a few days after the invasion, seeking to battle its neighbour on all fronts, legal as well as diplomatic and military.
When Russian President Vladimir Putin ordered the invasion on February 24, 2022, part of his argument was that pro-Russian people in eastern Ukraine had been "subjected to bullying and genocide by the Kyiv regime".
Ukraine filed a suit at the ICJ, "emphatically denying" this and arguing that Russia's use of "genocide" as a pretext for invasion went against the 1948 UN Genocide Convention.
In a preliminary ruling in March 2022, the ICJ sided with Ukraine and ordered Russia to halt its invasion immediately.
But Russia objected to this judgement, saying the ICJ, which decides on disputes between states, had no legal right to decide in this case.
The ICJ on Friday tossed out Moscow's argument, saying it did have jurisdiction to rule on this.
However, Ukraine had also said in its submission that Russia's use of force during the invasion was itself in contravention of the Genocide Convention.
The ICJ said it did not have competence to decide on this part of the case.
The ICJ's rulings are binding and cannot be appealed but it has no means to enforce its decisions.
The ICJ is under heightened scrutiny at the moment with a high-profile case about the war in Gaza.
But the case is not a straight-forward accusation of genocide.
Kate Nicholson
Fri, 2 February 2024
Russia tried to get Ukraine's genocide case thrown out
Russia tried to get Ukraine's genocide case thrown out
The International Court of Justice just rejected most of Russia’s objections to Ukraine’s genocide case against Moscow, meaning it will still go ahead.
Ukraine brought this case to the ICJ, the United Nations’ highest court which is also known as the World Court, days after Russia invaded its neighbour on February 24, 2022.
But the case is not a straight-forward accusation of genocide.
Kyiv has accused Russia of violating the international genocide treaty, not by committing genocide, but by justifying Russia’s own invasion of Ukraine through the treaty itself.
This is part of the landmark 1948 UN convention which both Russia and Ukraine ratified.
In its case, Ukraine alleges Moscow justified its invasion two years ago – known in Russia as the “special military operation” – by claiming it needed to stop an alleged genocide of Russian speakers in eastern Ukraine, Luhansk and Donetsk.
Ukraine also accuses Moscow of “planning acts of genocide”.
Russian-backed separatists have been fighting Kyiv since 2014, and Putin signed a decree recognising the independence of two Ukrainian regions three days before initiating war.
But, Kyiv says it did not pose any risk of genocide to those in eastern Ukraine – and by making such a claim to justify its war, Russia was in breach of international law.
Russia’s lawyers have argued since September 2023 that the case should be thrown out, that the arguments were flawed and the court had no jurisdiction.
It said Ukraine’s argument was a way to combat Russia’s supposed legal military action.
But today, out of Russia’s six preliminary objections to the case, the ICJ rejected five.
Europe has repeatedly expressed its backing for Kyiv ahead of this case, with more than 24 countries offering formal statements to the court supporting Ukraine.
Although the case has passed this stage, it may be months until the World Court hears the full arguments, and years away from making a full legally binding decision.
Russia has prompted several responses from the UN’s highest court since the war in Ukraine began.
The ICJ issued emergency measures in March 2022, a month after the invasion, calling for Moscow to stop its military actions.
While the court is legally binding, it has no way to force countries to take its orders – so Russia ignored this plea.
And, only earlier this week, the world court ruled Russia had violated parts of UN treaties against the financing of terrorism and discriminated minorities in occupied Crimea in 2014 in a separate case.
However, it was not a strong victory for Ukraine, as the ICJ rejected Kyiv’s call for compensation and just ordered Russia to comply with the treaties.
Still Ukraine’s representative Anton Korynevych said it was significant because “this is the first time that officially, legally, Russia is called a violator of international law.”
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