Russia, Ukraine to face off at International Court of Justice over genocide claims

Russia and Ukraine are set to face off in the International Court of Justice (ICJ) in a case that revolves around Moscow's assertion that its invasion of Ukraine was a necessary measure to prevent genocide allegedly carried out by Kyiv, Reuters reported.Russia has thus far ignored the orders by ICJ to cease its military actions in Ukraine. It is worth noting that the court lacks any power to enforce its decisions. However, while quoting experts, Reuters said that the future ruling in favour of Ukraine could hold significance for potential reparations claims.

This legal battle was started by Ukraine shortly after the Russian invasion on February 24 last year.The core argument put forth by Kyiv is that Russia is manipulating international law by justifying its invasion as a means to prevent an alleged genocide in eastern Ukraine.

Conflicting claims

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While Russia continues to accuse Ukraine of committing genocide, the Ukrainian government seeks to establish that Russia's invasion was unwarranted. Russia not only opposes the case but also challenges the jurisdiction of the ICJ. The upcoming hearings, scheduled from September 18 until September 27, will primarily focus on legal arguments regarding jurisdiction.

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Ukraine achieved an initial victory when the ICJ ruled in its favour in a preliminary decision in March last year. Based on this ruling, the court ordered Russia to immediately cease its military actions in Ukraine.

During these hearings, the court will also hear from 32 other states. All of these states support Ukraine's position that the ICJ has the jurisdiction to proceed with the case.

Reuters, quoting Juliette McIntyre, a law lecturer at the University of South Australia, said, "It is looking fairly positive for the court to find it has jurisdiction."

"If the court finds there was no lawful justification under the Genocide Convention for Russia's acts, the decision can set up a future claim for compensation," McIntyre added.

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The 1948 UN Genocide Convention was the first human rights treaty adopted by the General Assembly of the United Nations on 9 December 1948 and signified the international community’s commitment to ‘never again’ after the atrocities committed during the Second World War. The definition contained in Article II of the Convention describes genocide as a crime committed with the intent to destroy a national, ethnic, racial, or religious group.

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