Ukraine, Russia, and Allies Make Initial Statements before International Court of Justice over Genocide Case
The Russian delegation presented its case against Ukraine’s application of the Genocide Convention before the International Court of Justice in the Netherlands (Flickr).
From September 18 to September 20, the International Court of Justice (ICJ) heard arguments from Russia asking for Ukraine’s Genocide Convention case to be dismissed, as well as statements in support of Ukraine from allies.
The current hearings aim to determine whether Ukraine’s case falls within the official jurisdiction of the ICJ, and are scheduled to continue until September 27. Ukraine filed a case with the ICJ two days after Russia invaded Ukraine in March 2022, arguing that Russia’s attack on Ukraine violates the UN Convention on Genocide because it was justified using false claims of genocide towards ethnic Russians in Ukraine’s Donetsk and Luhansk regions. According to Ukraine, because no genocide took place in Donetsk and Luhansk, Russia cannot justify its invasion under the Genocide Convention and, therefore, invaded illegally.
Russia’s delegation to the ICJ, led by Gennady Kuzmin, Deputy Russian ambassador to the UN, responded to these accusations by claiming that “Ukraine's legal position is hopelessly flawed.” Kuzmin argued that Ukraine cannot bring forward a case under the Genocide Convention if they claim that no genocide took place. Sienho Yee, another of Russia’s legal representatives, further justified Russia’s invasion by asserting that Russia’s invasion was “based on the right to self-determination and its inherent right to self-defense.” Kuzmin additionally compared Ukrainian forces to “Neo-nazis” in his arguments, a justification often used by the Kremlin.
Thirty-two nations issued statements in support of Ukraine’s legal position on September 20, including every member state of the European Union except for Hungary. Non-EU countries like the United Kingdom, Canada, and Australia also made statements supporting Ukraine, while the United States did not. Canadian representative Alan Kessel’s speech specifically highlighted the “immense human suffering” caused by Russia’s invasion of Ukraine, while other speeches primarily focused on legal arguments.
If the ICJ rules that the case falls within its jurisdiction, it will continue to hear arguments on the merit of Ukraine’s position. The court has jurisdiction over matters of international law, including the UN’s 1948 Convention on the Prevention and Punishment of Genocide, which both Russia and Ukraine have signed. It is based in the Hague along with the International Criminal Court, which has issued a warrant for the arrest of Vladimir Putin for his connection to the unlawful transport of Ukrainian children into Russia. While an ICJ ruling in favor of Ukraine would be legally binding, the enforcement of ICJ cases falls under the jurisdiction of the UN Security Council, of which Russia is a permanent member with veto power. In March 2022, the ICJ released a ruling ordering Russia to stop its invasion of Ukraine, which Russia has ignored. A 2017 ICJ case, in which Ukraine accused Russia of illegally annexing Crimea, is still in progress.