Justification of genocide

THE HAGUE, Sept 17 (Reuters) - Russia and Ukraine will face off at the International Court of Justice on Monday in a case centered on Moscow's claim that its invasion of Ukraine was carried out to prevent genocide, REUTERS reported.

Ukraine appealed to the highest court of the United Nations a few days after the Russian invasion on February 24 last year. Kyiv argues that Russia is abusing international law by claiming that the invasion was justified to prevent an alleged genocide in eastern Ukraine.

Russian officials continue to accuse Ukraine of committing genocide.

Russia wants the case dismissed and denies the jurisdiction of the International Court of Justice (ICJ). The hearings, which will last until September 27, will not delve into the merits of the case, but instead focus on legal arguments over jurisdiction.

Moscow claims that Ukraine is using this case as a workaround to obtain a ruling on the overall legality of its military actions.
Ukraine has already overcome one hurdle, as last March the court issued a preliminary ruling in its favor. Based on this, the court ordered Russia to immediately cease military operations in Ukraine.

During the hearings, the court will also hear from representatives of 32 other states, all of whom support Ukraine's argument that the court has jurisdiction to continue the case.

"It looks quite positive that the court has recognized its jurisdiction," said Juliet McIntyre, a law professor at the University of South Australia and an observer of the ICJ.

Although Russia has so far ignored the ICJ's orders to cease hostilities and the court has no way to enforce its rulings, experts say a decision in favor of Ukraine could be important for any future reparations.

"If the court finds that Russia's actions were not legally justified under the Genocide Convention, this decision could form the basis for future claims for compensation," McIntyre said.

The UN Genocide Convention of 1948 defines genocide as crimes committed "with intent to destroy, in whole or in part, a national, ethnic, racial or religious group as such".