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Kiev attempted to bring a broader case against Moscow, part of which will now be considered in the International Court of Justice.


The UN’s top court said Friday it has jurisdiction to rule on Ukraine’s request to declare that Kiev is not responsible for the genocide.

Ukraine’s case is based on the 1948 Genocide Convention, which both Kiev and Moscow have ratified. The convention includes a provision that countries that have a dispute based on its provisions can take that dispute to the World Court. Russia denies that there is a dispute, which Ukraine denies.

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The ruling relates to a case filed by Ukraine alleging that Moscow violated the landmark 1948 Genocide Convention by fabricating claims of genocide crimes in the eastern regions of Luhansk and Donetsk as a pretext for its 2022 invasion.

Ukraine also accused Moscow of “planning a genocide”.

“In the present case, even if the Russian Federation has alleged in bad faith that Ukraine has committed genocide and taken certain measures against it under such pretext, as the defendant (Ukraine) argues, it in itself There would be no violation of obligations under the Genocide Convention, said court President Joan E. Donoghue.

The court said it did not have jurisdiction over two other aspects of Ukraine’s case – claims that Russia’s invasion violated the 1948 Genocide Convention and that Moscow’s recognition of two breakaway republics in eastern Ukraine also violated the convention. Was.

Moscow rejected the allegations and argued last year that the court should dismiss the case before considering the merits of Kiev’s claims.

During a hearing in September, Moscow’s legal team leader Gennady Kuzmin called Ukraine’s case “hopelessly flawed and contrary to the long-standing jurisprudence of this court.”

Another member of Moscow’s legal team, Hsienho Yi, told judges in September that Russia had not used the Genocide Convention to justify its military actions in Ukraine, adding that they were “supporting Russia’s right to self-determination and ) are based on their own inherent authority.” -protect”.

At the same hearing, Ukraine condemned Moscow for openly violating the court’s interim order to stop its aggression.

The court ordered Russia to halt military operations in Ukraine while legal proceedings proceeded during the early weeks of the war in March 2022.

“Russia’s defiance is also an attack on the authority of this court. Every missile that Russia fires at our cities is in defiance of this court,” Anton Korynevich, leader of Ukraine’s legal team, told the 16-judge panel.

Judges at the court on Wednesday rebuked Russia for its aggression as they ruled in another case between the two countries involving attacks in eastern Ukraine and discrimination in occupied Crimea since 2014.

The court will now discuss the merits of Ukraine’s arguments. A final, legally binding decision is still likely years away.

The conference and the Hague-based court came under intense scrutiny in recent weeks after South Africa filed a case accusing Israel of genocide in its devastating military campaign in Gaza following the October 7 Hamas attacks.

In a preliminary ruling that did not address the merits of South Africa’s case, the court last week ordered Israel to make every effort to prevent any further acts of death, destruction and genocide in Gaza.


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