UN’s Top Court Says Can Rule on Ukraine’s Genocide Case

Sat Feb 03 2024
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THE HAGUE, Netherlands: The United Nations’ top court on Friday observed it has jurisdiction to rule on a plea by Ukraine for a declaration that the country is not responsible for genocide, but not on other aspects of the case against Russia.

The two states have been accusing each other of committing genocide. Ukraine moved the International Court of Justice just days after Russia started war against Kyiv in February 2022, saying that Moscow used genocide claims to justify its attack.

However, the court observed that said it has no jurisdiction to rule on that issue. Instead, it will rule on whether Ukraine violated the Genocide convention.

The court’s President Joan E. Donoghue said the court has no jurisdiction to rule on whether Russia’s war violated the 1948 genocide convention and whether Moscow’s act in Ukraine amounted to a breach of the convention.

Despite some setbacks, Ukraine hailed the ruling saying it will allow the case to continue against Russia.

Ukraine not responsible for genocide

The leader of Ukraine’s legal team, Anton Korynevych, told media that it is important that the court will rule on the issue that Ukraine is not responsible for genocide, which the Russia alleged.

He welcomed the fact that a preliminary order by the court that Russia immediately stop its war remains in place — even though Moscow has defied it.

Russia last year argued that the court should throw out the case before even considering the merits of Ukraine’s claims, however the 16-judge panel will now go ahead with the case.

The leader of Moscow’s legal team, Gennady Kuzmin, during hearings in September, termed Ukraine’s case y flawed and did not fall under the jurisprudence of this court.

A member of Moscow’s legal team, Sienho Yee, while arguing the case said Russia had not used the genocide convention to justify its military actions in Ukraine.

During the hearing Ukraine insisted on court’s jurisdiction and slammed Moscow for openly flouting an interim order by the court to stop the war.

In March 2022, the court ordered Russia to stop military operations in Ukraine.

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