The Hague: The International Court of Justice (ICJ) today handed down its judgment on the preliminary objections raised by the Russian Federation in the case concerning ‘Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine versus Russian Federation: 32 States intervening)’.
In the judgment, the ICJ concluded that it has jurisdiction, based on Article IX of the Genocide Convention, to entertain submission (b) in paragraph 178 of the Memorial of Ukraine, whereby Ukraine requests the Court to “adjudge and declare that there is no credible evidence that Ukraine is responsible for committing genocide in violation of the Genocide Convention in the Donetsk and Luhansk oblasts of Ukraine”, and that this submission is admissible.
However, the ICJ said it did not have jurisdiction to entertain submissions (c) and (d) in paragraph 178 of Ukraine’s Memorial, whereby Ukraine requested the Court to “(c) adjudge and declare that the Russian Federation’s use of force in and against Ukraine beginning on 24 February 2022 violates Articles I and IV of the Genocide Convention” and “(d) adjudge and declare that the Russian Federation’s recognition of the independence of the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’ on 21 February 2022 violates Articles I and IV of the Genocide Convention”.
It is recalled that, on February 26, 2022, Ukraine filed an Application instituting proceedings against the Russian Federation to “a dispute . . . relating to the interpretation, application and fulfilment of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide” (the “Genocide Convention”). In its Application, Ukraine sought to find the Court’s jurisdiction on Article IX of the Genocide Convention.
Ukraine submitted before the Court that the Russian Federation had falsely claimed that acts of genocide had occurred in the Luhansk and Donetsk oblasts of Ukraine, and on that basis recognized the “Donetsk People’s Republic” and “Luhansk People’s Republic,” and then declared and implemented a “special military operation” against Ukraine with the express purpose of preventing and punishing purported acts of genocide that have no basis. “On the basis of this false allegation, Russia is now engaged in a military invasion of Ukraine involving grave and widespread violations of the human rights of the Ukrainian people,” Ukraine said.
Ukraine also emphatically denied that any such genocide had occurred and its application stated that Russia had no lawful basis to take action in and against Ukraine to prevent and punish any purported genocide.
On October 3, 2022, the Russian Federation raised six preliminary objections to the jurisdiction of the Court and the admissibility of the Application, contending that: (1) the Court lacks jurisdiction as there was no dispute between the Parties under the Genocide Convention at the time of the filing of the Application (first preliminary objection); (2) the Court lacks jurisdiction ratione materiae (second preliminary objection); (3) Ukraine made new claims in the Memorial and these should be found inadmissible (third preliminary objection); (4) Ukraine’s claims are inadmissible as the Court’s potential judgment would lack practical effect (fourth preliminary objection); (5) Ukraine’s request for a declaration that it did not breach its obligations under the Convention is inadmissible (fifth preliminary objection); and (6)Ukraine’s Application is inadmissible as it constitutes an abuse of process (sixth preliminary objection).
Public hearings on these preliminary objections were held between September 18 and 27, 2023.
Today the ICJ rejected Russia’s objections except the objection that the Court lacks jurisdiction ratione material, and said that it has jurisdiction, on the basis of Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide, to entertain Ukraine’s request to the Court to “adjudge and declare that there is no credible evidence that Ukraine is responsible for committing genocide in violation of the Genocide Convention in the Donetsk and Luhansk oblasts of Ukraine”. The Court found Ukraine’s submission was admissible.
– global bihari bureau
