International Law Talks

Earlier today, the Ministry of Foreign Affairs of Ukraine has published the Statement below (the Statement may be found on the official page of the Ukrainian MFA):

"Ukraine filed a case against the Russian Federation at the International Court of Justice, and a request for the Court to issue an order of provisional measures against Russia. Ukraine seeks an emergency hearing and an order by the Court that Russia must cease its unlawful attack on Ukraine. Russia will have to answer for its behavior at the World Court in the Hague.
The Court has jurisdiction to hear Ukraine’s case, and to order emergency measures, on the basis of the Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”). The Genocide Convention is one of the most important international treaties, drafted in response to the horrors of World War II and the Holocaust. Russia, however, has twisted the concept of genocide, and perverted the solemn treaty obligation to prevent and punish genocide. It has made an absurd and unfounded claim of alledged genocide as a justification and pretext for its own aggression against Ukraine and violation of the sovereignty and human rights of the Ukrainian People. Ukraine’s case before the ICJ will establish that Russia’s aggression against Ukraine is based on a lie and a gross violation of international law, and must be stopped.
As the Ukrainian People continue to bravely stand against Russian aggression, Russia’s lies will be exposed, and Russia’s contempt for international law will be confirmed. Ukraine will bring Russia to account."

It seems that Ukraine will base its claim on Article IX of the Genocide Convention, of which both Ukraine and Russia are parties, with no reservations, below:

"Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III, shall be
submitted to the International Court of Justice at the request of any of the parties to the dispute."

Ukraine seems to have 2 Options:

1. To argue that Russia is committing genocide
or
2. To argue that Russia has misinterpreted and abused the concept of genocide in order to illegally justify its use of force against Ukraine.

Reading the statement of Ukraine, it might be that Option 2 will be preferred.

Looking forward to seeing the Application.

We are pleased to announce the first session of International Law Talks which will take place Friday, the 26th of November 2021 between 16:00 and 17:00 EEST on https://meet.google.com/qqr-xfdb-iaf with the topic: 'Freedom of Expression and the Prohibition of Negationism in International Law', presented by Dr. Mihajlo Vučić.

Mihajlo Vučić is a Senior Research Fellow at the Institute of International Politics and Economics (IIPE) Belgrade, and an Associate Professor at the Faculty of Diplomacy and Security where he teaches "European Union studies“. Dr. Vučić holds a PhD in Public International Law and a Master degree in European Integration.