Russia attacked Ukraine at the International Court of Justice on Monday, as the two warring countries faced off in a legal challenge over Moscow’s claim that “genocide” in eastern Ukraine was a pretext for last year’s invasion.
Russian representative Gennady Kuzmin said Ukraine’s claim that Russia is “misusing” the United Nations Genocide Convention as a reason to launch its war against the neighboring country in February 2022 “could not be further from the truth.”
When Russian President Vladimir Putin ordered the invasion on February 24 last year, part of his reasoning was that the pro-Russian people in eastern Ukraine were “subject to intimidation and genocide by the regime in Kiev.”
Two days after the invasion, Ukraine filed a lawsuit with the International Court of Justice, “emphatically denying” this and arguing that Russia’s use of “genocide” as a pretext violated the 1948 United Nations Genocide Convention.
Mere “statements” about genocide are not allowed under international law, including the Genocide Convention, Kuzmin said.
Standing a few meters away from the Ukrainian delegation, Kuzmin accused Kiev of ties to Nazism: “As for the expressions of concern about the threat of genocide, these were not surprising given the policies of the Kiev regime, which were firmly rooted in the history, doctrines and practices of Nazism.”
Ukraine’s legal position is “irreparably flawed” and “contrary to the Court’s long-standing jurisprudence,” he concluded.
The case, which is being heard at the Peace Palace in The Hague, centers on whether the UN’s highest court has jurisdiction to stop Russia’s ongoing military action.
In March 2022, the International Court of Justice sided with Ukraine and ordered Russia to “immediately suspend” its military action.
However, this ruling was called a “preliminary decision”, pending a decision on whether the court actually has jurisdiction to decide the substance of the issue.
The court’s decisions are binding, although there is no ‘police power’ to enforce them.
According to Russia, the International Court of Justice has no jurisdiction because the Ukraine case falls outside the scope of the United Nations Genocide Convention.
Monday’s hearing marked the first time a Russian representative addressed the court in the case, previously arguing that he did not have enough time to prepare arguments.
Ukraine will respond on Tuesday.
More than thirty other countries – all Western allies of Ukraine – will also have the opportunity to make statements in support of Kiev from Wednesday. The International Court of Justice rejected a proposal by the United States to join the case.
The court, which was created after World War II to hear disputes between U.N. member states when they are unable to resolve the cases themselves, could take months to decide whether it has jurisdiction.
The International Court of Justice is also hearing a separate case brought by Ukraine, alleging that Russia supported separatist rebels in eastern Ukraine for years before the invasion.
Source: DN
