In The Hague, Ukraine defends itself in court against Russia's false accusations and the war of aggression. Only Moscow's accusations are examined.
The International Court of Justice partly agreed with Ukraine and partly followed Russia's arguments. Photo: Piroschka van de Wouw/Reuters
FREIBURG taz | The International Court of Justice (ICJ) declared Ukraine's lawsuit against the Russian accusation of genocide in Donbas admissible. In the main proceedings it will now be decided whether the accusation was justified or fabricated. However, the ICJ does not want to examine whether the Russian attack on Ukraine was legal.
On February 24, 2022, Russia militarily attacked Ukraine. The attack was justified, among other things, by saying that Ukraine was committing genocide against the population of the eastern part of the country, the Donbas.
Two days after the attack began, Ukraine filed a complaint with the International Court of Justice in The Hague, the United Nations court. The ICJ should determine that Ukraine did not commit genocide in Donbass. Furthermore, the ICJ should determine that the Russian attack based on the accusation of genocide is illegal. Ukraine based both parts of the lawsuit on the 1948 United Nations Genocide Convention.
Russia has already considered the demand inadmissible. The special military operation in Ukraine was not justified by accusations of genocide, but by Ukrainian attacks on the separatist people's republics of Donetsk and Luhansk. Furthermore, the Genocide Convention should not be abused to present completely different issues to the ICJ, such as the legality of the Russian special operation.
This is not the Genocide Convention
On Friday afternoon, the ICJ partially agreed with Ukraine, but also partially followed the Russian argument.
The ICJ declared the first part of the Ukrainian claim admissible. Ukraine has a legitimate interest in the ICJ determining whether it committed genocide in Donbass. On the morning of the attack on Ukraine, Russian President Vladimir Putin explicitly stated that the measure was aimed at protecting people “who have been subjected to abuse and genocide by the Kiev regime for eight years.”
Fifteen of the 16 ICJ judges voted in favor of the admissibility of this part of the Ukrainian claim. Only the Russian judge voted against. The ICJ has not yet had to decide in this preliminary procedure whether the accusation is true. It is not yet clear when the main process will begin.
However, by 12 votes to 4, the ICJ rejected the second part of the Ukrainian claim as inadmissible. Therefore, the ICJ will not address the question of whether the Russian attack on Ukraine was legal. This is a general question of international law and not the Genocide Convention. The ICJ is only responsible for general questions of international law if both States in conflict have submitted to the jurisdiction of the ICJ, which is not the case for either Russia or Ukraine.
Ukraine therefore attempted to invoke the Genocide Convention, which provides for general dispute settlement by the ICJ. In these proceedings, Ukraine did not accuse Russia of committing genocide in Ukraine itself. Rather, Ukraine limited itself to the accusation that Russia was using the false accusation of genocide to wage an illegal war.
The allegation that Russia attacked Ukraine in violation of international law remains unproven. However, it is not internationally controversial that Russia is violating international law in this case. Only a handful of states, such as North Korea, believe Russia's actions are legal.
The ICJ's March 2022 interim order calling on Russia to immediately end the military operation in Ukraine remains in force. However, Russia has so far ignored the judge's ruling. The ICJ cannot enforce its rulings on its own and Russia has veto power in the UN Security Council.