The International Court of Justice (ICJ) is set to make a crucial ruling on Friday regarding its jurisdiction to hear a case brought by Ukraine against Russia. This case, filed in the aftermath of Russia's invasion of Ukraine, accuses Moscow of breaching the genocide convention.
Ukraine alleges that Russia used fabricated claims of genocide in the regions of Luhansk and Donetsk as a pretext for its attack on Ukraine nearly two years ago. Additionally, Kyiv accuses Moscow of having planned acts of genocide. However, Russia vehemently denies these allegations and argued last year that the case should be dismissed without further consideration of Ukraine's claims.
To establish the court's jurisdiction, Ukraine must demonstrate that there is a dispute with Russia concerning the genocide convention. On the other hand, Moscow's legal team argues that Russia did not use the genocide convention to justify its military actions in Ukraine. Instead, they claim that Russia's actions were based on the right to self-determination and self-defense.
During the September hearings, Ukraine insisted on the court's jurisdiction and criticized Russia for openly defying an interim order to halt its invasion. The court had issued this order in March 2022, instructing Russia to cease military operations while the legal proceedings were ongoing. Anton Korynevych, the leader of Ukraine's legal team, condemned Russia's defiance as an attack on the court's authority, stating that every missile Russia fired at Ukrainian cities was a direct challenge to the court.
Just two days prior to the upcoming ruling, the court admonished Russia for its invasion as it presided over another case between the two countries. This separate case addressed the attacks in eastern Ukraine since 2014 and the discrimination in Crimea following its annexation. The judges' rebuke highlights the gravity of the situation and the broader implications of Russia's actions.
If the ICJ rules in favor of jurisdiction in the genocide case, further discussions on the merits of Ukraine's arguments will proceed in the coming months. However, it is important to note that a final binding decision is likely to be years away.
Ukraine's case is grounded in the 1948 Genocide Convention, which has been ratified by both Kyiv and Moscow. The convention stipulates that nations involved in a dispute regarding its provisions can bring that dispute to the ICJ. Russia, however, denies the existence of any dispute, a position that Ukraine firmly rejects.
The recent scrutiny faced by the convention and the Hague-based court intensified when South Africa filed a case accusing Israel of genocide in its military operation in Gaza following the Hamas attacks on October 7. Although the preliminary ruling did not delve into the merits of South Africa's case, the court last week directed Israel to take all necessary measures to prevent death, destruction, and any acts of genocide in Gaza.
The ruling by the ICJ on its jurisdiction in the Ukraine-Russia genocide case will have significant implications for both parties involved and could potentially shape future actions of the court. All eyes are now on the court as we await the decision that will determine the course of further legal proceedings in this highly contentious matter.
For more updates on Russia's invasion of Ukraine, please visit https://apnews.com/hub/russia-ukraine.
