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Failed ICJ Case Against Russia Backfires, Paves Way for Genocide Charges Against Ukraine

MintPress News KIT KLARENBERG 13 Mar 2

As January became February, the International Court of Justice (ICJ) delivered a pair of legal body blows to Ukraine and its Western backers. First, on January 31, it ruled on a case brought by Kiev against Russia in 2017, which accused Moscow of presiding over a campaign of “terrorism” in Donbas, including the July 2014 downing of MH17. It also charged that Russia racially discriminated against Ukrainian and Tatar residents of Crimea following its reunification with Moscow.

The ICJ summarily rejected most charges. Then, on February 2, the Court made a preliminary judgment in a case where Kiev accused Moscow of exploiting false claims of an ongoing genocide of Russians and Russian speakers in Donbas to justify its invasion. Ukraine further charged the Special Military Operation breached the Genocide Convention despite not itself constituting genocide. Almost unanimously, ICJ judges rejected these arguments.

Western media universally ignored or distorted the substance of the ICJ rulings. When outlets did acknowledge the judgments, they misrepresented the first by focusing prominently on the accepted charges while downplaying all dismissed allegations. The second was wildly spun as a significant loss for Moscow. The BBC and others focused on how the Court agreed that “part” of Ukraine’s case could proceed. That this “part” is the question of whether Kiev itself committed genocide in Donbas post-2014 was unmentioned.

Ukraine’s failed lawfare effort was backed by 47 EU and NATO member states, leading to the farce of 32 separate international legal teams submitting representations to The Hague in September 2023. Among other things, they supported Kiev’s bizarre contention that the Donetsk and Lugansk People’s Republics were comparable to Al-Qaeda. Judges comprehensively rejected that assertion. Markedly, in its submitted arguments, Russia drew attention to how the same countries backing Kiev justified their illegal, unilateral destruction of Yugoslavia under the “responsibility to protect” doctrine.

This may not be the only area where Ukraine and its overseas sponsors are in trouble moving forward. A closer inspection of the Court’s rulings comprehensively discredits the established mainstream narrative of what transpired in Crimea and Donbas following the Western-orchestrated Maidan coup in February 2014.

In sum, the judgments raise serious questions about Kiev’s eight-year-long “anti-terrorist operation” against “pro-Russian separatists,” following months of vast protests and violent clashes throughout eastern Ukraine between Russian-speaking pro-federal activists and authorities.

DAMNING FINDING AFTER DAMNING FINDING

In its first judgment, the ICJ ruled the Donbas and Lugansk People’s Republics were not “terrorist” entities, as “[neither] group has previously been characterized as being terrorist in nature by an organ of the United Nations” and could not be branded such simply because Kiev labeled them so. This gravely undermined Ukraine’s allegations of Russia “funding…terrorist groups” in Donbas, let alone committing “terrorist” acts there itself.

Other revelatory findings reinforced this bombshell. The ICJ held that Moscow wasn’t liable for committing or even failing to prevent terrorism, as the Kremlin had no “reasonable grounds to suspect” material provided by Ukraine, including details of “accounts, bank cards and other financial instruments” allegedly used by accused “terrorists” in Donbas, were used for such purposes. Moscow was also ruled to have launched investigations into “alleged offenders” but concluded they “d[id] not exist… or their location could not be identified”.

DAMNING FINDING AFTER DAMNING FINDING

In its first judgment, the ICJ ruled the Donbas and Lugansk People’s Republics were not “terrorist” entities, as “[neither] group has previously been characterized as being terrorist in nature by an organ of the United Nations” and could not be branded such simply because Kiev labeled them so. This gravely undermined Ukraine’s allegations of Russia “funding…terrorist groups” in Donbas, let alone committing “terrorist” acts there itself.

Other revelatory findings reinforced this bombshell…………………………………………………………………………………..

KIEV GOES IN FOR THE KILL

The ICJ has now effectively confirmed that the entire mainstream narrative of what happened in Crimea and Donbas over the previous decade was fraudulent. Some legal scholars have argued Ukraine’s acquittal on charges of genocide to be inevitable. Yet, many statements made by Ukrainian nationalists since Maidan unambiguously indicate such an intent.

Moreover, in June 2020, a British immigration court granted asylum to Ukrainian citizens who fled the country to avoid conscription. They successfully argued that military service in Donbas would necessarily entail perpetrating and being implicated in “acts contrary to the basic rules of human conduct” – in other words, war crimes – against the civilian population.

The Court’s ruling noted the Ukrainian military routinely engaged in “unlawful capture and detention of civilians with no legal or military justification…motivated by the need for ‘currency’ for prisoner exchanges.” It added there was “systemic mistreatment” of detainees during the “anti-terrorist operation” in Donbas. This included “torture and other conduct that is cruel, inhumane and degrading treatment.” An “attitude and atmosphere of impunity for those involved in mistreating detainees” was observed.

The judgment also recorded “widespread civilian loss of life and the extensive destruction of residential property” in Donbas, “attributable to poorly targeted and disproportionate attacks carried out by the Ukrainian military.” Water installations, it recorded, “have been a particular and repeated target by Ukrainian armed forces, despite civilian maintenance and transport vehicles being clearly marked…and despite the protected status such installations enjoy” under international law.

All of this could quite reasonably be argued to constitute genocide. Regardless, the British asylum judgment amply underlines who Ukraine was truly fighting all along – its own citizens. Moscow could furthermore reasonably cite recent disclosures from Angela Merkel and Francois Hollande that the 2014-15 Minsk Accords were, in fact, a con, never intended to be implemented, buying Kiev time to bolster its stockpiles of Western weapons, vehicles, and ammunition, as yet further proof of Ukraine’s malign intentions in Donbas………………………………………………………………………………………………………………………………………………..more https://www.mintpressnews.com/failed-icj-case-against-russia-backfires-paves-way-for-genocide-charges-against-ukraine/287028/

March 19, 2024 - Posted by Christina Macpherson | Legal, Ukraine