The head of the Russian delegation Aleksandr Shulgin states that if the UN International Court of Justice agrees with Ukraineʼs position and takes the case into consideration, it will create a bad precedent.
He said this while closing the second and last round of speeches by the Russian delegation at the hearing, Babel correspondent Oksana Kovalenko reports.
"Any other decision of the Court [except denying jurisdiction to Ukraine] would allow states not to rely on their real rights and obligations under the treaty, but to use improper application and abuse of law, to open proceedings on all issues. This would violate the system of compromise clauses and would allow states to very easily circumvent the principle of statesʼ consent to the jurisdiction of the Court," said the head of the Russian delegation.
Shulgin repeated the arguments of Russia voiced during the hearing:
- Ukraineʼs claim is not based on the Genocide Convention, and when Kyiv went to court, there were no disputes between the parties regarding the claim;
- Russia did not know about the dispute until Ukraine turned to the UN International Court of Justice;
- The plaintiff states changed their positions at these hearings, which they had previously stated in this court when NATO bombed Yugoslavia;
- 32 states is a collective pressure on the court, and it is necessary because Ukraine is allegedly not confident in its own strength;
- The court should refuse because Ukraineʼs demands do not relate to the essence of the convention; that is, they do not refer to a direct violation of the convention;
- The potential decision of the court will not lead to any consequences because the decision adopted in accordance with the Convention cannot affect the rights and obligations of states under the UN Charter and international customary law.
As a result, Shulgin once again called on the UN International Court of Justice to recognize Ukraineʼs claims as inadmissible.
Ukraine will present its final arguments on Wednesday.
The arguments of the Ukrainian delegation, which it expressed in the first round of hearings, can be read here.
- Ukraine filed a genocide lawsuit against the Russian Federation on February 26, 2022, two days after the start of a full-scale Russian invasion. The Kremlin accused Kyiv of "genocide" of Donbas residents and used it as a basis for the invasion on February 24, 2022.
- On September 18, the UN International Court of Justice in The Hague resumed hearings on Ukraineʼs claim against Russia regarding the Convention on the Prevention of the Crime of Genocide.
- The Russian delegation had the floor on September 18 and tried to prove to the court that the court did not have jurisdiction to consider this case, and the subject of the dispute was allegedly absent. Ukraine will perform on September 19 and 27.
- During the speech of the Ukrainian delegation, Anton Korynevych, Ambassador-at-Large of the Ministry of Foreign Affairs of Ukraine, stated that the court has jurisdiction to consider the lawsuit against Russia. He added that if the court proceeds to the merits of the case and makes a decision, it will affect other proceedings in various courts and instances related to the Russian invasion of Ukraine and the crimes it commits there.
- 32 countries appeared in court and joined the lawsuit on the side of Ukraine. This is an unprecedented number of countries in history: 34 UN members out of 193, that is, almost 20% participate in the process. The British representative believes that the UN International Court of Justice can consider the lawsuit.