Ukraine war
Ukraine is taking Russia to the International Court of Justice – but the judges lack power
Even if the courts in The Hague could even target Vladimir Putin, Russia does not have to react to a possible verdict.
© Mikhail Klimentyev/Pool Sputnik Kremlin/AP/dpa/DPA
Russia is facing an international court for the first time since invading Ukraine. Ukraine is suing the neighboring country for genocide and demanding an end to the violence. What can the court actually do?
For the first time since the invasion of Ukraine, Russia has to answer before the United Nations’ highest court in The Hague for violating the 1948 Genocide Convention. The International Court of Justice will hear Ukraine’s emergency lawsuit starting this Monday. This calls for immediate measures to stop the fighting in the country. At the Peace Palace in The Hague, Ukraine’s legal representatives will first present their case. Russia has the floor on Tuesday.
Ukraine accuses Russia of violating the genocide convention. The judges are to declare that “Russia has no legal basis” to act in and against Ukraine. Russia had alleged without providing any evidence that genocide was being committed in Luhansk and Donetsk in eastern Ukraine, thereby justifying the invasion. Ukraine “emphatically” rejects these allegations.
Ukraine calls for immediate action
Ukraine also accuses Russia of “planning acts of genocide in Ukraine” and “deliberately killing or seriously injuring people of Ukrainian nationality.” The UN judges, on the other hand, should order immediate measures. It is not yet clear when a verdict will be made.
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Judgments of the court are binding. But the court has no power to force a defeated state to implement the verdict. It can then only appeal to the UN Security Council.
Arrest warrant against Putin theoretically possible
The International Criminal Court, also based in The Hague, has already initiated investigations into possible war crimes and crimes against humanity. However, unlike the Court of Justice, this international criminal court does not prosecute states, but individual persons. It is also about the military and political leaders. This means that the investigators could theoretically also target Russian President Vladimir Putin.
However, it is difficult to find enough hard evidence of responsibility. Even if an international arrest warrant were issued, it is more than doubtful that Russia would comply and extradite suspects. However, an arrest warrant would significantly restrict freedom of movement. Because suspects ran the risk of being arrested and transferred to The Hague.
Russia does not recognize the International Criminal Court. But Ukraine has recognized the jurisdiction of the court on its territory in a statement since November 2013. However, the declaration does not refer to the criminal offense of military aggression.