UN Court to Rule on Ukraine’s Genocide Case Against Russia

The International Court of Justice (ICJ) is set to decide on its jurisdiction in a case brought by Ukraine against Russia, which centers around allegations of breaching the Genocide Convention. Ukraine initiated this case following Russia’s invasion, accusing Moscow of using false claims of genocide in Luhansk and Donetsk as a pretext for its military actions nearly two years ago. Ukraine further alleges that Russia is planning acts of genocide.

Russia has firmly denied these accusations and has called for the dismissal of the case, arguing that it is fundamentally flawed. During hearings in September, Russia’s legal team stated that their military actions in Ukraine were based on self-determination and self-defense rights, not on the Genocide Convention.

Ukraine, however, insists that the ICJ has jurisdiction over the case. It also highlighted Russia’s non-compliance with the court’s interim order in March 2022 to halt the invasion. This defiance, Ukraine argues, is also an attack on the court’s authority.

In a related development, the ICJ recently rebuked Russia in a separate case regarding attacks in eastern Ukraine since 2014 and discrimination in Crimea.

Should the ICJ rule that it has jurisdiction in the current genocide case, the proceedings will progress to a detailed examination of Ukraine’s claims. However, a final and legally binding decision could take several years.

The case hinges on the 1948 Genocide Convention, ratified by both Ukraine and Russia. This convention allows nations to bring disputes to the world court. While Russia denies the existence of a dispute under the convention, Ukraine disagrees with this stance.

This case and the role of the ICJ have gained increased attention following South Africa’s recent filing against Israel, accusing it of genocide in Gaza post the October 7 Hamas attacks. The court, in a preliminary ruling, ordered Israel to prevent acts of genocide in Gaza, without addressing the merits of South Africa’s case.