Portugal rejected this Wednesday before the International Court of Justice (ICJ) Russia’s arguments over the ‘genocide’ in eastern Ukraine for military intervention in the neighboring country, as well as the ICJ’s lack of jurisdiction in the case.
The position of Portugal – one of 32 countries supporting Kiev in the case taking place at the International Court of Justice (The Hague) – was conveyed today by Patrícia Galvão Teles, Director of the Legal Affairs Department of the Ministry of Foreign Affairs.
“Where a state has not made a good faith assessment of genocide or of a serious risk of genocide, it cannot rely on the ‘commitment to prevent genocide’ in Article I of the Convention as a justification for its conduct. This also applies to behavior that entails the threat. or use of force that would be contrary to international law,” he said in the argument presented today before the international court.
Russia’s President Vladimir Putin partially justified the invasion of Ukraine on February 24, 2022, with accusations of genocide orchestrated by Kiev in the country’s Russian-speaking east. Two days later, Kiev presented the case to the International Court of Justice, “categorically denying” the allegation and arguing that Moscow’s use of it to justify the invasion violated the 1948 United Nations Genocide Convention.
Russia claims the International Court of Justice has no jurisdiction because the trial does not fall within the scope of the Genocide Convention – something Lisbon contradicted in its arguments before the court today.
“The Portuguese Republic considers that the comments [que apresentou] should inform the interpretation of Article IX with regard to the determination of the Court’s jurisdiction in the present case under that Article and other relevant provisions of the Genocide Convention,” Portugal said.
Article IX defines that “controversies between the Contracting Parties concerning the interpretation, application or implementation of this Convention, as well as those relating to the responsibility of a State in matters of genocide or other acts referred to in Article III, shall be submitted to the International Court of Justice, at the request of one of the parties to the dispute”.
In its presentation, the Portuguese government pointed out that states that have ratified the Genocide Convention – 133, including Russia and Ukraine – ‘are obliged to prevent and punish genocide, using all reasonably available means to prevent genocide to the extent possible to prevent’. .
“However, in discharging their duty to prevent genocide, States Parties must act within the limits permitted by international law, including, among others, the limits imposed by the definition of ‘genocide’, the principle of good faith, the prohibition of abuse of law, the obligation to resolve disputes peacefully or the principle of sovereignty,” he said.
The representative of Portugal further asserted that “a State cannot intend to enforce international law by violating international law,” and that if it “acts beyond the limits permitted by international law in the particular case, the actions of that state will constitute a violation. of the Convention”.
“For genocide to occur, it is necessary to establish, based on irrefutable evidence, both the genocidal action and a specific genocidal intent,” Patrícia Galvão Teles also emphasized.
On Monday, Russia – which had until then skipped the hearings because it did not have enough time to prepare its arguments – confirmed in the International Court of Justice the charges of genocide against Ukraine, which the government described as “Russophobic and neo-Nazi”. .
The next day, Kiev urged Russia to accept the jurisdiction of the International Court of Justice and defend itself in a future trial over a dispute over the concept of genocide, stating that Moscow has been “accusing Ukraine of committing genocide” since 2014. against his country. people in the Donbass region.
Today, 32 countries are scheduled to intervene in defense of Ukraine, including Portugal.
Russia will intervene again next Monday, and Ukraine two days later.
The judges will then decide whether the court has jurisdiction to hear the case, in a deliberation that could last months.
Source: DN
