ICJ rules it has jurisdiction over Ukraine’s invasion case, quashing Russia’s argument


The UN’s top court, the International Court of Justice (ICJ), ruled Friday (Feb 2) that it had the jurisdiction to rule on a request by Ukraine that it was not responsible for genocide. In February 2022, Russian President Vladimir Putin ordered the invasion of Ukraine by claiming that people in eastern Ukraine were “subjected to bullying and genocide by the Kyiv regime”. Ukraine had subsequently filed a case with the ICJ denying all these allegations and accusing Russia of using ‘genocide’ as a pretext for invasion.

In an earlier ruling in March 2022, the ICJ sided with Ukraine and asked Russia to stop its invasion immediately. It was then that Putin questioned the ICJ’s jurisdiction over the matter.

ICJ throws Moscow’s argument

The ICJ in its Friday judgment quashed Moscow’s argument that it had no jurisdiction to rule over the matter. However, it should not be seen as Ukraine’s legal victory yet a legally binding decision can still take years to come.

Watch: UN Court rejects Ukraine’s case against Russia

Also, the ICJ made clear it didn’t have jurisdiction in 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 amounted to a breach of the convention.

The 1948 Genocide Convention

Ukraine’s case at the ICJ is based on the 1948 Genocide Convention, which both Kyiv and Moscow have ratified. The convention includes a provision that nations which have a dispute based on its provisions can take that dispute to the world court. However, Moscow denies the very existence of any such dispute.

Judges rebuke Russia in a separate case

Earlier on Wednesday (Jan 31), judges at the ICJ rebuked Russia in another case between the two countries linked to attacks in eastern Ukraine since 2014 and discrimination in annexed Crimea. However, in that case, the court largely sided with Russia while reacting to Ukraine’s allegations that it financially backed separatist rebels in eastern Ukraine before launching the invasion.

Meanwhile, in January, the ICJ also directed Moscow to do everything possible “to prevent death, destruction and any acts of genocide in Gaza.”

(With inputs from agencies)



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