The International Court of Justice (ICJ), the United Nations’ top court, announced on Friday that it has jurisdiction to rule on Ukraine’s request for a declaration that Kyiv is not responsible for genocide. However, the court clarified that it cannot rule on other aspects of Ukraine’s case against Russia.
The dispute between the two countries arose after Russia’s invasion of Ukraine in February 2022, with both sides accusing each other of committing genocide. Ukraine filed a case at the ICJ, alleging that Russia used false claims of genocide as a pretext for its invasion.
The ICJ stated that it cannot rule on whether Russia’s invasion violated the 1948 genocide convention or if Moscow’s recognition of breakaway republics in eastern Ukraine breached the convention. Despite these limitations, Ukraine sees the ruling as a victory, as the court will still decide whether Ukraine violated the convention, as claimed by Russian President Vladimir Putin.
The court’s President, Joan E. Donoghue, clarified that even if Russia had made false allegations of genocide in bad faith, it would not itself constitute a violation of obligations under the genocide convention. The final legally binding decision is expected to take years.
Ukraine’s legal team leader, Anton Korynevych, expressed satisfaction with the ruling, emphasizing that the court will decide on the issue of Ukraine not being responsible for the alleged genocide. He also welcomed the fact that the preliminary order for Russia to immediately halt its invasion remains in place, despite Moscow’s non-compliance.
Melanie O’Brien, president of the International Association of Genocide Scholars, explained that the court’s decision not to adjudicate on Russia’s use of force could lead Ukraine to bring another case before the ICJ under the UN Charter, prohibiting the unlawful use of force by states against other states.
The court’s decision comes after Moscow argued last year to dismiss the case before considering its merits. The 16-judge panel will proceed with the case, rejecting Moscow’s assertion that Ukraine’s case is “hopelessly flawed.”
In September hearings, Moscow’s legal team argued that Ukraine’s case is at odds with the court’s jurisprudence, while Ukraine insisted on the court’s jurisdiction and criticized Russia for openly defying the interim order to halt its invasion.
Despite setbacks, Ukraine remains optimistic about the case’s continuation, while Russia’s officials left the court without commenting. The ongoing legal proceedings highlight the complex nature of the conflict and the challenges in addressing allegations of genocide in the international arena.
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