UN top court says it has jurisdiction in part of Ukraine's genocide case

The United Nations top court said on Friday it has jurisdiction to rule on a request by Ukraine for a declaration that Kyiv is not responsible for genocide but not on other aspects of a Ukrainian case against Russia The two countries have at various times accused each other of committing genocideUkraine filed its case at the International Court of Justice just days after Russias February 2022 invasion alleging that Moscow used trumpedup claims of genocide to justify its attack that unleashed Europes biggest conflict since World War IIBut the court said it could not rule on that issue Instead it will rule on whether Ukraine violated the convention as Russian President Vladimir Putin claimed to justify the invasion A final legally binding decision is likely still years awayIn the present case even if the Russian Federation had in bad faith alleged that Ukraine committed genocide and taken certain measures against it under such a pretext which the respondent Ukraine contends this would not in itself constitute a violation of obligations under the genocide convention the courts President Joan E Donoghue saidThe court said it did not have jurisdiction to rule on whether Russias invasion violated the 1948 genocide convention and whether Moscows recognition of two breakaway republics in eastern Ukraine also amounted to a breach of the conventionDespite those setbacks Ukraine hailed the ruling as a victory that will allow the case to continue It is important that the court will decide on the issue that Ukraine is not responsible for some mythical genocide which the Russian Federation falsely alleged that Ukraine has committed the leader of Ukraines legal team Anton Korynevych told reportersHe also welcomed the fact that a preliminary order by the court that Russia immediately halt its invasion remains in place even though Moscow has flouted itRussian officials left the court without commentingMelanie OBrien president of the International Association of Genocide Scholars told The Associated Press in an email that the court decided that it cannot adjudicate on Russias use of force that is its invasion of Ukraine because even though this use of force may be a violation of international law which prohibits the use of force except in selfdefence or under a UNmandated operation it is a not a rule that exists under the Genocide ConventionShe said the decision could mean that Ukraine may bring another case before the ICJ this time under the UN Charter which prohibits the unlawful use of force by states against other states Moscow argued last year that the court should throw out the case before even considering the merits of Kyivs claims but the 16judge panel will now go aheadAt hearings in September the leader of Moscows legal team Gennady Kuzmin called Ukraines case hopelessly flawed and at odds with the longstanding jurisprudence of this court A member of Moscows legal team Sienho Yee told judges in September that Russia had not used the genocide convention to justify its military actions in Ukraine saying they are based on the right to selfdetermination and its inherent right to selfdefenseAt the same hearings Ukraine insisted the court has jurisdiction and slammed Moscow for openly flouting an interim order by the court to halt its invasion The court ordered Russia to stop military operations in Ukraine while the legal proceedings went forward during the wars early weeks in March 2022Russias defiance is also an attack on this courts authority Every missile that Russia fires at our cities it fires in defiance of this court Korynevych told the panel at the September hearings Judges rebuked Russia for its invasion as they ruled Wednesday in another case between the two countries linked to attacks in eastern Ukraine since 2014 and discrimination in annexed CrimeaUkraines case is based on the 1948 Genocide Convention which both Kyiv and Moscow have ratified The convention includes a clause that nations which have a dispute based on its provisions can take the issue to the world court Russia denies that there is a dispute a position Ukraine rejectsThe convention and the Haguebased court came under intense scrutiny in recent weeks when South Africa filed a case accusing Israel of genocide in its devastating military operation in Gaza in the aftermath of the October 7 Hamas attacksIn a preliminary ruling that did not address the merits of South Africas case the court last week ordered Israel to do all it can to prevent death destruction and any acts of genocide in Gaza