Ukraine against Russia in The Hague: The Uniqueness of the Legal Process

Palace of Peace - the official residence of the International Court of Justice of the UN in The Hague
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On September 18, 2023, hearings began in The Hague Court in the case of "Accusations of Genocide under the Genocide Convention: Ukraine against Russia." This case represents Ukraine's second lawsuit against Russia. The first hearings took place in June and were related to the alleged violations of two international conventions by Russia, specifically those concerning the fight against the financing of terrorism and the elimination of all forms of racial discrimination.

As reported by Made of Minds , the uniqueness of this legal process lies in the fact that it involves two warring parties at the main UN court who do not engage with each other on political and diplomatic levels. The legal case is further complicated by the fact that 32 other states have intervened in the dispute.

The essence of the dispute revolves around the "interpretation, application, and enforcement of the 1948 Genocide Convention and its punishment." The Ukrainian side asserts that there was no genocide on its territory that could justify Russia's invasion of Ukraine. On the other hand, the Russian Federation claims acts of genocide in the Luhansk and Donetsk regions of Ukraine, which served as the basis for its recognition of the so-called "Donetsk People's Republic" and "Luhansk People's Republic," as well as the commencement of a "special military operation" against Ukraine.

Kyiv requests the court to "establish that Russia has no lawful grounds for taking actions on Ukrainian territory to prevent and punish alleged genocide." The Ukrainian side also accuses Russia of "planning acts of genocide in Ukraine" and claims that Russia "intentionally kills representatives of the Ukrainian nationality, inflicting serious physical harm on them."

Experts highlight that the case is marked not only by accusations of genocide but also by allegations of illegitimate accusations of genocide. At this stage of the legal process, the court's jurisdiction and the admissibility of Ukraine's complaint are being discussed.

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