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Ukraine v Russia genocide case: ICJ delivers judgment on preliminary objections

On February 2, the ICJ delivered its judgment on preliminary objections from Russia in the case Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation: 32 States intervening).

Ukraine alleges in their case against the Russian Federation that:

1. Russia falsely accused Ukraine of committing genocide and used this as justification to launch its invasion against Ukraine;
2. Russia committed violations of the Genocide Convention in declaring the Donetsk People’s Republic and Luhansk People’s Republic to be independent from Ukraine, and by launching its invasion of Ukraine on 21 February, 2022.

The Russian Federation argued that the ICJ did not have jurisdiction to consider the allegations and that they were inadmissible. 

In its judgment, the ICJ concluded that it had jurisdiction to consider the first allegation of Ukraine and that this was admissible, but that it does not have jurisdiction under the Genocide Convention to consider the second allegation of Ukraine and that this was inadmissible. See Summary of the Judgment.

In turning down the second allegation of Ukraine, the ICJ explained that in this case they are constrained by the obligations under the Genocide convention, and cannot apply law extrinsic to the Convention, including law governing the use of force.

This demonstrates one of the key differences between ICJ cases based on jurisdiction found in treaties, where the Court can only consider the obligations under the treaty concerned, and jurisdiction found under the Declarations of Acceptance of ICJ Jurisdiction (under Article 36 of the ICJ Statute). In the latter case, the ICJ is generally able to apply all law relevant to a dispute between the parties. This is one of the reasons why the primary goal of the LAW not War campaign is to work for the acceptance by all States of ICJ jurisdiction under Article 36. 

February 14, 2024 - Posted by Christina Macpherson | Legal, Reference, weapons and war