UN Court recognizes its jurisdiction in Ukraine’s genocide case against Russia, consideration to begin on merits. PHOTOS
In particular, the UN International Court of Justice recognizes that it has jurisdiction to consider Ukraine's request that it has not violated its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide and that this request is admissible, Censor.NET reports with reference to Ukrinform.
The Court concluded that it had jurisdiction under Article IX of the Genocide Convention to examine submission (b) in paragraph 178 of Ukraine's Memorial, whereby Ukraine requested the Court to "rule and declare that there is no credible evidence that Ukraine is responsible for genocide in violation of the Genocide Convention in the Donetsk and Luhansk regions of Ukraine" and that this allegation was admissible.
However, the Court considers that it does not have jurisdiction to examine the submissions in paragraph 178 of Ukraine's Memorial, whereby Ukraine requests the Court to "rule and declare that the use of force by the Russian Federation in and against Ukraine, since 24 February 2022 violates Articles I and IV of the Genocide Convention" (c) and "to decide and declare that the recognition by the Russian Federation of the independence of the so-called 'Donetsk people's republic' and 'Luhansk people's republic' on 21 February 2022 violates Articles I and IV of the Genocide Convention" (d).
At the same time, the order on interim measures of March 16, 2022 remains in force. At that time, the International Court of Justice announced a decision on the request for provisional measures in the case of Ukraine v. Russia regarding genocide. It is a genocide charge under the Convention on the Prevention and Punishment of the Crime of Genocide. According to the court's decision, Russia must immediately suspend all military operations in Ukraine and stop any military or irregular armed groups under its control or influence.
President of the International Court of Justice Joan Donoghue announced the rejection of 5 out of 6 objections raised by the Russian Federation and the partial rejection of the sixth objection, European Pravda reports.
The Court, however, at the request of the Russian Federation, refused to consider Ukrainian claims regarding the illegality of the recognition of the so-called "LPR" and "DPR" and the outbreak of war on the basis of false accusations of genocide, because, in the Court's opinion, they do not apply to the Genocide Convention.
Only Ukraine's claim that Russia has groundlessly accused Ukraine of a non-existent genocide, which may directly violate the Genocide Convention, will be considered on the merits. This is likely to force the Ukrainian legal team to adjust its claim position as well, as the main claims were based on points that the court will not consider.
This decision is not a decision on the merits but opens the way for further consideration.
Ukraine's claim against Russia for the crime of genocide
As reported, in a lawsuit against Russia in the International Court of Justice, Ukraine demands that the aggressor be held accountable for distorting the concept of genocide.
On February 26, 2022, Ukraine filed an application with the Secretariat of the International Court of Justice in The Hague to initiate a case against Russia regarding "a dispute... over the interpretation, application and implementation of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide."
Since October 2022, Russia has raised preliminary objections to the Court's jurisdiction and admissibility of Ukraine's application.
