Ukraine asks the UN International Court of Justice to reject Russiaʼs objections in the genocide case

Authors:
Liza Brovko, Oksana Kovalenko
Date:

Ukraine is asking the UN International Court of Justice to reject Russiaʼs objections in the case of allegations of violation of the Convention on the Prevention of Genocide, and to rule that the court has jurisdiction to consider the claim on its merits. The demands were voiced by the co-agent of the Ukrainian delegation, Oksana Zolotaryova.

Babel correspondent Oksana Kovalenko from The Hague reports this.

"Madam president, colleagues of the court, we turned to you a year and a half ago because we really needed protection. We still need your protection today. Russian lawyers have lectured us, saying that the state must wait years before a court can decide whether genocide took place. Ukraine does not have such a luxury," said Zolotaryova.

She noted that Ukraine had no choice but to turn to this court immediately when Russia used false accusations of genocide as a pretext for an attack: "Russia is abusing its right under the Convention and abusing the Convention as a whole."

"In The Hague, Russia shows itself as a victim, and in Ukraine, it shows its true face. While we were standing before you, they launched an attack on Lviv, an attack that killed civilians and burned their homes and a charity building. The next day after the speech by representatives of 32 states, Russia launched missiles that hit civilian objects throughout Ukraine," Zolotaryova emphasized.

And she added that on September 25, Russia came up with arguments "in order to escape from consideration of the case on the merits", while Ukraine, meanwhile, recorded the damage from the night attack on the Odesa port — "an open attack on Ukraineʼs economy and its ability to feed the world with its grain".

Oksana Zolotaryova also recalled the numerous manipulations of facts resorted to by Russian representatives.

"Russia disgraced this institution with a conspiracy theory that there were no murders in Buch. Unfortunately, mass shootings were all too real. And this is not the word of Ukraine against the word of the Russian Federation — it is the conclusion of the UN," she said.

The co-agent also emphasized that the deportation of children is not forced evacuation, and that is why the International Criminal Court issued arrest warrants in this particular case.

"Your jurisdiction to resolve the dispute is clear. Your consideration remains urgently necessary," Zolotaryova concluded her speech.

  • 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 performed 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. And 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.