Ukraine Loses Key Parts of Case Against Russia at UN Court

ICJ Rejects Ukraine’s Terrorism Financing and Racial Discrimination Claims

The International Court of Justice (ICJ) ruled on January 31st that it does not have jurisdiction over key parts of a case brought by Ukraine accusing Russia of financing terrorism and racial discrimination in eastern Ukraine.

Ukraine filed the case in early 2022, accusing Russia of supporting separatist forces in eastern Ukraine after Russia’s annexation of Crimea in 2014. Ukraine said Russia violated two UN treaties – the Terrorism Financing Convention and the Convention on the Elimination of All Forms of Racial Discrimination.

However, the ICJ rejected Ukraine’s claims under both treaties. The court said Ukraine failed to provide sufficient evidence that Russia exercised “effective control” over the separatists to make it responsible for their actions under international law.

The rejection is a major setback for Ukraine’s attempt to hold Russia legally accountable on the global stage. Ukrainian President Volodymyr Zelenskyy said he was “disappointed” with the court’s “toothless” verdict. Russia welcomed the decision, saying the court “refused to take part in this dirty provocation.”

Genocide Case Allowed to Proceed

However, in a small win for Ukraine, the ICJ did agree Russia’s preliminary objections to Ukraine’s claim of genocide under the Genocide Convention.

Ukraine argues that Russia falsely claimed acts of genocide by Ukraine against Russian speakers in eastern Ukraine as a pretext for its 2022 invasion. Russia claimed the ICJ does not have jurisdiction and that no state-to-state dispute exists between the countries.

But the court rejected Russia’s objections, clearing the way for Ukraine’s genocide case to proceed to substantive hearings likely later this year. The court will now consider on the merits whether Russia violated the genocide treaty.

Experts say Ukraine still faces an uphill battle to prove Russia committed genocide. But the ability to put Moscow in the defendant’s chair remains an important moral and political victory for Kyiv.

Broader Impacts

The mixed ruling leaves the status of Russia’s invasion back under a legal cloud. The ICJ case is running parallel to Ukraine’s case against Russia at the European Court of Human Rights over human rights violations related to the conflict.

Analysts say the cases serve to further Moscow’s international isolation. “Russia stands charged with the crime of aggression against Ukraine. The eyes of the world are watching,” said Mary Ellen O’Connell, an international law professor at Notre Dame Law School.

The rulings come as the war continues with no end in sight. Fighting has remained largely static in recent months since Russia’s mobilization of 300,000 reservists last October. But spring is expected to bring new offensives by both sides.

“There’s likely to be severe fighting in the spring and summer,” said retired Lt. Gen. Ben Hodges, former commander of U.S. Army forces in Europe. “The Ukrainians are hoping for some kind of decision, and the Russians are hoping that they can make some kind of gain.”

The US and NATO continue to pledge military aid to Ukraine while pushing for a “just peace.” But experts say the Kremlin remains determined to continue the war, despite growing discontent inside Russia.

“I don’t see any side sort of tiring out,” said Seth Jones of the Center for Strategic and International Studies in Washington. “I don’t see a breaking point for the Russian military.”

With no diplomatic solution in sight, the fighting promises to continue bringing more death and destruction across Ukraine. The UN estimates over 7,000 civilians have been killed so far, with millions more displaced from their homes.

Timeline of Key Events

Below is a timeline of the key events leading up to the ICJ rulings:

What Happens Next?

Further hearings will now likely be scheduled in late 2023 to consider the substance of Ukraine’s genocide allegations against Russia and whether Moscow violated the Genocide Convention.

Ukraine will try to present evidence that Russia falsely claimed genocide was occurring as an excuse for its invasion of Ukraine. But international legal experts say actually proving intent to destroy a group, as is required for genocide, remains difficult.

At the same time, fighting on the ground in Ukraine is expected to continue and possibly intensify in spring and summer. Russia is still trying to make gains in eastern Ukraine to put more territory under its control during any future negotiations.

But most analysts say the war is likely to grind on throughout 2023 with no clear victory possible for either side anytime soon. Hopes remain low for a diplomatic solution as long as Putin remains intent on maintaining control of Ukrainian territory.

So in the near future, Ukrainians are facing the stark prospects of more bloodshed even as they seek accountability for Russia on the judicial front. Zelenskyy said after this week’s mixed ICJ ruling that “the truth is on our side.”

But for now, the truth is also that more dark days lie ahead.

AiBot

Author

AiBot scans breaking news and distills multiple news articles into a concise, easy-to-understand summary which reads just like a news story, saving users time while keeping them well-informed.

To err is human, but AI does it too. Whilst factual data is used in the production of these articles, the content is written entirely by AI. Double check any facts you intend to rely on with another source.