High-stakes judgment day in The Hague as ICJ to rule on Ukraine-Russia genocide allegations

In a landmark session, the International Court of Justice is set to deliver a pivotal ruling on Ukraine's accusation against Russia for alleged genocide, a case drawing global attention with an unprecedented 32 intervening states. Picture: Frank van Beek / UN

In a landmark session, the International Court of Justice is set to deliver a pivotal ruling on Ukraine's accusation against Russia for alleged genocide, a case drawing global attention with an unprecedented 32 intervening states. Picture: Frank van Beek / UN

Published Feb 1, 2024

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Ukraine and Russia will square up in a pivotal ruling by the International Court of Justice (ICJ) in The Hague on Friday in a case involving allegations of genocide under the Genocide Convention.

The Hague has scheduled to deliver a judgment on Friday afternoon on the preliminary objections put forth by Russia in the ongoing case between Ukraine and the Russian Federation.

This case, involving allegations of genocide has seen an unprecedented involvement of 32 intervening states.

This crucial judgment will be announced in a public sitting at the Peace Palace in The Hague at 2pm South African time, with ICJ President Judge Joan Donoghue presiding over the proceedings.

The ruling will address Russia's objections to the Court's jurisdiction and the admissibility of Ukraine's application, filed on February 26, 2022.

Ukraine's application accuses Russia of contravening the 1948 Genocide Convention in the context of its actions in Ukraine.

On February 24, 2022, Russia invaded Ukraine in what is seen as an escalation of the conflict between the two countries that started in 2014.

This case has garnered significant attention, as evidenced by the substantial number of states participating in the proceedings.

Russia's response to Ukraine's application came on October, 3, 2022, when it challenged the ICJ's jurisdiction and questioned the admissibility of Ukraine's claims.

Ukraine’s application accuses Russia of falsely claiming genocide in Ukraine's Luhansk and Donetsk regions to justify its military actions.

Ukraine firmly refutes these genocide claims and argues that Russia's actions lack any legal foundation for intervention in Ukrainian affairs.

This move by Ukraine aims to challenge the legitimacy of Russia's 'special military operation' and its recognition of the self-proclaimed Donetsk and Luhansk People's Republics.

Furthermore, Ukraine's application raises serious allegations against Russia, suggesting plans to commit genocide within Ukraine and accusing Russian forces of intentionally targeting and harming Ukrainians.

This forms the basis of Ukraine's claim of Russia violating the Genocide Convention's Article II.

Ukraine is seeking the ICJ's jurisdiction based on Article 36, paragraph 1, of the Court's Statute and Article IX of the Genocide Convention, to which both Ukraine and Russia are signatories.

Accompanying the application, Ukraine has also requested provisional measures under Article 41 of the Court's Statute and various Rules of Court articles.

These measures aim to protect Ukrainian rights and prevent further escalation of the dispute under the Genocide Convention.

In line with Article 74 of the Rules of Court, such requests for provisional measures are treated with high priority over other cases.

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