Russia justified its war of aggression against Ukraine by accusing it of “genocide” against the population of Russian origin. Ukraine filed a lawsuit against this before the International Court of Justice, which has now accepted it.
The International Court of Justice in The Hague (ICJ) has partially admitted Ukraine’s lawsuit against Russia over allegations of violating the Genocide Convention and will now open main proceedings. The lawsuit comes from the period immediately after the start of the Russian war of aggression in February 2022.
Kiev accuses Moscow of wrongly justifying its invasion of Ukraine as a “genocide” against the population of Russian origin in regions of eastern Ukraine. According to Ukraine, Russia used the accusation as a pretext in violation of the 1948 UN Convention on Genocide.
No jurisdiction over Ukrainian genocide allegations
The court now declared itself competent to decide on Kiev’s request that the government is not responsible for genocide. However, the ICJ does not believe it has the authority to decide whether Russia has abused the convention. This case is not covered by the Convention.
Moscow questions the authority of the ICJ
Russian President Vladimir Putin justified his soldiers’ invasion of Ukraine on February 24, 2022, among other things, by saying that the population of Russian origin in eastern Ukraine was exposed to “harassment and genocide by the Kiev regime.”
Just two days later, Ukraine filed a lawsuit with the ICJ in which it “strongly denied” the allegations and in turn accused Moscow of violating the UN Genocide Convention.
In a preliminary ruling in March 2022, the ICJ called on Russia to immediately stop the invasion, but Moscow objected, citing the court’s powers. The Hague has now rejected this objection.
UN court without Enforcement tools
Ukraine is supported in its actions at the UN court by 32 Western allies, including Germany. It is not yet known when the main proceedings will begin. Trials before the Court can drag on for years.
The ICJ is the central judicial body of the United Nations and decides on disputes between countries. His decisions are binding. However, the court has no real tools at its disposal to enforce compliance with its rulings. In the case of Ukraine, enforcement of the ruling is also made more difficult by the ongoing war.
Max Bauer, Max Bauer, SWR, tagesschau, February 2nd, 2024 10:52 p.m