On Monday, The International Court of Justice was hearing the plea by Ukraine on the allegations of genocide against Russia under the Convention on the Prevention and Punishment of the Crime of Genocide, 1948. However, the hearing saw no representative from the Russian side after seats from the Russian delegation were seen empty.
The Hague | International Court of Justice holds public hearings in the case concerning “allegations of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russia)”#RussiaUkraineCrisis pic.twitter.com/MVwFMazhSm
— ANI (@ANI) March 7, 2022
On February 24 while declaring war on Ukraine, Russian President Vladimir Putin said in his televised address, “The purpose of this operation is to protect people who, for eight years now, have been facing humiliation and genocide perpetrated by the Kyiv regime,” Contesting this claim, Ukraine filed an application with the International Court of Justice accusing Russia of “planning acts of genocide in Ukraine” on February 27, 2022.
In a hearing to Ukraine’s application that followed yesterday, the Russian side refused to appear to the top UN court in Hague. Russian ambassador to the Netherlands (where ICJ is located) informed the court that his country will not be participating in the due hearing. What followed was Ukraine contending its application by ’emphatically denying’ the claims by Russia of Kyiv targeting the regions of Luhansk and Donetsk and accused Russia back of perpetrating a ‘genocide’ by targeting Ukrainian nationals in its act of invasion.
The International Court of Justice is conducting a hearing on Russia’s invasion of Ukraine, but has no representation from Moscow. Russia has declined to attend a hearing at the UN top court@SaroyaHem brings you the report.#RussiaUkraine
— WION (@WIONews) March 8, 2022
Watch more: https://t.co/AXC5qRcEPB pic.twitter.com/fmHSKy8ZF7
The Permanent Ukrainian representative Anton Korynevich said, “the Russian Federation has falsely claimed that acts of genocide have occurred in the Luhansk and Donetsk oblasts of Ukraine, and on that basis recognized the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’, and then declared and implemented a ‘special military operation’ against Ukraine,”
He went further to accuse Russia of the same by saying, “Russia is intentionally killing and inflicting serious injury on members of the Ukrainian nationality, the actus reus of genocide under Article II of the [Genocide] Convention.” With the application, Ukraine also filed a request for the indication of provisional measures against Russia.
Hearing on the request for provisional measures of Ukraine in the case concerning Allegations of Genocide under the Convention on Prevention and Punishment of Crime of Genocide (Ukraine v. Russia) concluded before the ICJ: International Court of Justice #RussiaUkraineConflict pic.twitter.com/tRKf2IleV2
— ANI (@ANI) March 7, 2022
ICJ expresses regret over Russia’s boycott
Joan Donoghue, President of the ICJ expressed concerns over Russia’s absence from the proceedings. Donoghue stated that the Federation of Russia was sent certified copies of the application by Ukraine and its request for the indication of temporary measures. She remarked that according to Article 74 Paragraph 1 of the rules of court, a request for the indication of provisional measures shall have priority over all other cases.
Russia has however dismissed the grievances of the court by not turning up at the ICJ hearing. Amidst the undergoing geopolitical crisis, fate has loomed over the possibility of Russia complying with any orders issued by the International Court of Justice.
What is the Genocide convention in the ICJ?
In a move to counter Russia, the Ukrainian side has referred to the Convention on the Prevention and Punishment of the Crime of Genocide, 1948 in its case in the ICJ. Signed by both Ukraine and Russia, the Article IX of the Genocide Convention gives rights to the International Court of Justice in Hague to resolve disputes between contracting Parties concerning the interpretation, application, or implementation of the Convention. It is an international treaty signed by over 152 countries till date, that criminalizes genocide perpetrated by state actors and obligates state parties to enforce its prohibition.
