The International Court of Justice (ICJ) in The Hague has largely declared itself responsible for a lawsuit brought by Ukraine from the period immediately after the start of the Russian war of aggression in February 2022. The United Nations’ highest court largely rejected Moscow’s objection that it had no authority to rule on the matter. However, the judges excluded the Ukrainian accusation that Russia had violated the UN Genocide Convention with the attack, as the ICJ had no jurisdiction on this point.
Russian President Vladimir Putin also tried to justify his soldiers’ invasion by saying that the population of Russian origin in eastern Ukraine was being exposed to “harassment and genocide by the Kiev regime.” A short time later, Ukraine filed a lawsuit with the ICJ in which it “strongly” denied this and demanded that the court find that Kiev had not committed or planned any genocide. The fact that Russia only used the accusation of genocide as a pretext was a violation of the UN Genocide Convention of 1948, wrote the representatives of the attacked country.
Open beginning and end
In March 2022, the ICJ had already issued a preliminary ruling calling on Russia to stop the invasion immediately. Nevertheless, the “armed conflict” continues to this day, the court said. The latest decision clears the way for the main proceedings, which could drag on for years. When it will begin is still unclear. Ukraine is supported at the ICJ by 32 Western allies, including Germany. However, the UN court rejected an application from the USA to join the proceedings.
The representatives of Ukraine (front) in the courtroom in The HagueImage: Sem van der Wal/ANP/picture alliance
From the perspective of experts, a binding verdict in favor of Ukraine in the upcoming trial would have great symbolic significance. However, the ICJ, which is called upon in disputes between states, has no power to enforce its decisions.
Defeat when it comes to terrorist financing
It was only on Wednesday that the ICJ dismissed another lawsuit filed by Kiev against Moscow in 2017 on most points. The judges acquitted Russia of the charge of financing terrorism in eastern Ukraine and thereby violating obligations under international law. As justification, they explained that the International Convention to Combat Terror Financing only covers money transfers, not arms deliveries. The assumed arms deliveries from Russia to various groups in Ukraine would therefore not be covered by the convention.
jj/kle (dpa, afp, rtr)