Ukraine's second case against Russia given the go-ahead by the International Court of Justice

Ukraine alleges that Russia falsely claimed publicly that acts of genocide occurred in the Luhansk and Donetsk oblasts, and were reason for its invasion.

Ukraine versus Russia at previous proceeding of the International Court of Justice (ICJ)

On 1 February 2024, Ukraine lost its case against Russia at the International Court of Justice (ICJ), also known as the World Court. That complaint involved the downing of Malaysia Airlines flight MH17, funding separatism in Donbas, and denying Ukrainian language education in Crimea.

On 2 February, the ICJ delivered judgement in a smaller case by Ukraine against Russia.

Ukraine alleged that “the Russian Federation has falsely claimed that acts of genocide have occurred in the Luhansk and Donetsk oblasts of Ukraine, and on that basis recognized the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’, and then declared and implemented a ‘special military operation’ against Ukraine”.

Ukraine “emphatically denies” that such genocide has occurred and states that it submitted the Application “to establish that Russia has no lawful basis to take action in and against Ukraine for the purpose of preventing and punishing any purported genocide”.

This is essentially a case about wording. Ukraine is accusing Russia of violating international law by publicly accusing Ukraine of genocide. Ukraine wants it stated that it did not attempt genocide even though Russia has not raised a case of genocide against it at the ICJ. Then, as an attack defence, it accused Russia of breaching rules under the Genocide Convention.

Considering that there were many reasons for Russia to intervene in the civil war, it seems like semantics. However, Ukraine would appear to have the moral high ground if it proved that Russia’s use of the word “genocide” was not reason for it invading.

Readers are encouraged to improve my understanding.

#5 From Nazi History to Civil War

INTERVENING STATES

Unlike in the South African genocide case against Israel regarding Palestine, where no states joined the proceeding on behalf of South Africa, 32 countries intervened on Ukraine’s behalf against Russia. Among them were the USA, UK, Germany, France, Australia and Canada. Effectively, the countries that created the war in Ukraine are also its allies in legal proceedings.

#3 Is it NATO’s Fault?

RUSSIA OBJECTS

On 3 October 2022, the Russian Federation raised 6 preliminary objections to the jurisdiction of the Court and to the admissibility of the Application. Its main argument was that Ukraine doesn’t have standing, and that the ICJ doesn’t have jurisdiction.

JUDGEMENT

The full judgement can be read here. It includes background to the main case, and details Russia’s objections against proceeding.

The ICJ said that it does not have the power to decide if Russia's use of force was itself in contravention of the Genocide Convention, nor if Russia’s recognition of the self-proclaimed Republics of Donetsk and Lugansk breached the Convention.

However, it has judged that Ukraine’s case can proceed.

Here is the ICJ press release.