The International Court of Justice (ICJ), the highest court of the United Nations, is set to deliver a crucial ruling on Friday regarding its jurisdiction in a case brought forward by Ukraine against Russia. The case accuses Russia of violating international law by using a false accusation of genocide as justification for its invasion of Ukraine in 2022.
Ukraine filed the case at the ICJ just days after the start of the full-scale war, arguing that Russia breached the 1948 Genocide Convention by falsely claiming that Ukraine was committing genocide against Russian-speaking people within its borders. Despite an order from the court to cease hostilities, Russia has continued its actions in defiance.
During hearings in 2023, Russia chose to boycott the proceedings concerning provisional measures but contested the court's jurisdiction in the case. Russia's legal team argued for the dismissal of Ukraine's complaint, labeling it an 'abuse of process.'
It is important to note that Ukraine is not accusing Russia of committing genocide itself, but rather asserts that the false accusation of genocide alone violates the terms of the 1948 treaty. Ukraine maintains that there is a clear dispute between the two nations as defined by the convention.
In a separate case between Russia and Ukraine, the ICJ is also expected to deliver a ruling on Wednesday. This case, filed by Kyiv in 2017, alleges that Russia began funding rebels in eastern Ukraine in 2014 and has engaged in discrimination against Crimea's multiethnic community since its annexation of the region.
Under this complaint, which falls under an anti-discrimination treaty and a terrorism financing convention, Ukraine seeks an order from the court for Russia to provide reparations for attacks and crimes committed in the region. This includes the tragic downing of Malaysia Airlines flight MH17, which was shot down by Russia-backed rebels on July 17, 2014, resulting in the loss of all 298 passengers and crew.
The International Court of Justice has been in the spotlight recently due to another high-profile case brought by South Africa against Israel, accusing the latter of committing genocide in Gaza. Last week, judges at the ICJ issued provisional measures, calling on Israel to take all necessary actions to prevent death, destruction, and any acts of genocide in the conflict.
As these significant legal battles unfold on the international stage, concerns have been raised by the United Nations High Commissioner for Refugees, Filippo Grandi, regarding the war in Ukraine being forgotten. Grandi emphasized that the situation in Ukraine has stopped being prominent news globally, despite the staggering figures. According to the latest U.N. statistics, the conflict has resulted in the displacement of 10 million people, with over 10,000 deaths and an additional 19,000 injuries.
The rulings from the International Court of Justice in both cases between Ukraine and Russia hold significant implications for international law and the ongoing conflict in the region. The decisions will shed light on whether the court has jurisdiction over the genocide accusation issue and whether Russia will be held accountable for its actions and potential reparations for the alleged crimes in eastern Ukraine.
