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Russia Slams Ukraine At International Court Of Justice Over Genocide Claims

POSTED ON November 8, 2023 •   World      BY Segun Adewole
The International Court of Justice witnessed a tense confrontation on Monday as Russia and Ukraine clashed in a legal battle centered on Moscow's assertion that allegations of "genocide" in eastern Ukraine were a pretext for its invasion last year. Gennady Kuzmin, Russia's representative, vehemently disputed Ukraine's claim that Russia had "abused" the United Nations Genocide Convention as a justification for its February 2022 invasion, stating that it was "completely baseless." Russian President Vladimir Putin had cited the alleged mistreatment of pro-Russian individuals in eastern Ukraine as a key factor behind the invasion, claiming they were victims of "bullying and genocide by the Kyiv regime." Just two days into the conflict, Ukraine filed a lawsuit at the ICJ, strongly refuting these allegations and contending that Russia's use of "genocide" as a pretext violated the 1948 UN Genocide Convention. Kuzmin argued that mere "statements" about genocide did not hold legal weight under international law, including the Genocide Convention. Addressing the Ukrainian delegation just meters away, Kuzmin remarked, "Regarding concerns about the threat of genocide, they were not surprising, given Kyiv regime's policies, deeply rooted in the history, doctrines, and practices of Nazism." Kuzmin concluded that Ukraine's legal stance was "fundamentally flawed" and contradicted the court's longstanding jurisprudence. The core issue in this case, being heard in The Hague's opulent Peace Palace, is whether the ICJ has the authority to order a cessation of Russia's ongoing military actions. Kuzmin implored the court to dismiss the case, asserting that the UN Genocide Convention primarily deals with the "prevention and punishment" of genocide, neither of which applies to Ukraine's claims. He argued, "Ukraine is not accusing Russia of committing genocide. Ukraine is also not accusing Russia of failing to prevent or punish genocide. On the contrary, Ukraine insists no genocide has occurred. That alone should be enough to reject the case because... if there was no genocide, there cannot be a violation of the Genocide Convention." In March 2022, the ICJ ruled in favor of Ukraine, ordering Russia to "immediately suspend" its military operations. However, this ruling was categorized as a "preliminary ruling," pending a decision on the court's competence to adjudicate the matter's substance. While the court's decisions are legally binding, it lacks the means to enforce them. Russia has argued that the ICJ lacks jurisdiction because Ukraine's case falls outside the purview of the UN Genocide Convention. Ukraine is scheduled to present its response on Tuesday, and more than 30 other countries, all Western allies of Ukraine, will have an opportunity to voice their support for Kyiv starting Wednesday. The ICJ rejected a request by the United States to join the case. The ICJ, established after World War II to resolve disputes between UN member states when diplomatic means fail, may take several months to decide whether it possesses the jurisdiction to adjudicate this matter. Additionally, the ICJ is handling a separate case filed by Ukraine, alleging that Russia supported separatist rebels in eastern Ukraine for years before the invasion.
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