THE HAGUE: Russia and Ukraine engaged in a heated legal battle at the International Court of Justice (ICJ) on Monday, with Moscow challenging Ukraine’s claims that Russia’s assertion of “genocide” in eastern Ukraine served as a pretext for its invasion of the region last year.
Representing Russia, Gennady Kuzmin vehemently rejected Ukraine’s argument that Moscow had “abused” the United Nations Genocide Convention as a justification for its February 2022 invasion. Kuzmin asserted that Ukraine’s case was “far from the truth.”
Russian President Vladimir Putin had cited the alleged mistreatment and “genocide” of pro-Russian individuals in eastern Ukraine by the Kyiv regime as one of the reasons for launching the invasion on February 24, 2022.
In response, Ukraine swiftly filed a lawsuit with the ICJ, refuting Russia’s claims and contending that Moscow’s use of “genocide” as a pretext was in violation of the 1948 UN Genocide Convention.
Kuzmin argued that mere “statements” about genocide did not meet the standards of international law, including the Genocide Convention. He stated, “As to expressions of concerns regarding the genocide threat, they were unsurprising considering the policies of the Ukraine regime, which were firmly entrenched in the history, doctrines, and practices of Nazism.”
Furthermore, Kuzmin deemed Ukraine’s legal position as “hopelessly flawed” and in conflict with the court’s longstanding jurisprudence.
International Court’s Authority to Stop Russia’s Offensive in Ukraine
The case, currently unfolding at the Peace Palace in The Hague, revolves around whether the top UN court possesses the authority to order a halt to Russia’s ongoing military operations.
Kuzmin urged the court to dismiss the case, emphasizing that the UN Genocide Convention primarily concerns the “prevention and punishment” of genocide, neither of which applies to Ukraine’s case. He stated, “Ukraine is not accusing Russia of committing genocide. Ukraine is also not accusing Russia of failing to prevent or punish genocide.”
However, Ukraine’s legal team maintains that no genocide occurred in eastern Ukraine, and thus, there cannot be a violation of the Genocide Convention.
In March 2022, the ICJ issued a “preliminary ruling” in favor of Ukraine, instructing Russia to “immediately suspend” its military actions. Yet, this ruling was pending a determination of whether the court had jurisdiction to rule on the matter. While the ICJ’s decisions are legally binding, the court lacks a means of enforcement.
Russia contends that the ICJ lacks jurisdiction because Ukraine’s case falls outside the scope of the UN Genocide Convention. Ukraine is expected to present its response on Tuesday.
