UN Court recognises jurisdiction in Ukraine's case against Russia over «genocide»

The International Court of Justice has recognized its jurisdiction in Ukraine’s «genocide» lawsuit against Russia. Kyiv claims that Moscow used false accusations of genocide in Donbas to justify its full-scale invasion in late February 2022.

Russia has attempted to argue that, from a legal standpoint, the UN court lacks jurisdiction to consider Ukraine’s claim, as reported by BBC News Ukraine.

It is noted that the UN court in The Hague has partially rejected Russia’s claims. It recalled that Russian authorities had frequently accused Kyiv of committing genocide against the Russian-speaking population of Donbas, using it as a justification for the so-called «special military operation.»

Consequently, the court decided to partially consider Ukraine’s claims on their merits. However, it rejected Ukraine’s assertion that unfair accusations of genocide could, in themselves, be a violation of the International Convention on the Prevention of Genocide.

The Significance of the Case:

Ukraine filed its claim in the initial days of the full-scale war, accusing Russia of distorting the concept of genocide. According to Kyiv’s representatives, Russia (and President Putin personally) abused its rights and violated its obligations under the International Convention on the Prevention and Punishment of Genocide.

The Genocide Convention of 1948 is a key document in international law, not only defining genocide but also establishing the obligation of member states to prevent such crimes and punish perpetrators.

Ukraine’s legal team referred to Article IX of the Convention, which stipulates that disputes over the interpretation and application of the Convention are subject to the International Court of Justice.

Russia’s representatives argued that Putin’s statements about genocide were a «rhetorical turn» not based on the definition of international law.

While the UN court’s decisions are largely symbolic, lacking independent enforcement power, they remain important. Although the court cannot compel states to comply with its decisions, a ruling in favor of Ukraine in the genocide case would enable Kyiv to legally seek future reparations from Moscow and strengthen its position in potential negotiations.