RUSSIA SNUBS UN’S TOP COURT HEARINGS IN CASE BROUGHT BY UKRAINE

Mon 07 March 2022:

Russia has snubbed a hearing before the UN’s top court in a legal push by Kyiv to put an end to Moscow’s devastating invasion of Ukraine.

As the hearing began Monday morning, a row of seats assigned for Russian lawyers at the International Court of Justice was vacant.

Russia’s envoy to the Netherlands informed justices that ” “his government did not intend to participate in the oral proceedings.” according to the court’s president, American judge Joan E. Donoghue. The session took place despite the absence of the Russian delegation.

The International Court of Justice is holding two days of hearings at its headquarters, the Peace Palace, to consider Ukraine’s plea that its justices order Russia to stop its invasion. Ukraine will present its case on Monday morning, with Russia having the opportunity to answer on Tuesday.

Ukraine has requested the court to force Russia to “immediately suspend the military operations” initiated on February 24 in the separatist eastern regions of Luhansk and Donetsk, “that have as their stated purpose and objective the prevention and punishment of a claimed genocide.”

The court is anticipated to make a ruling on the request within days, but that does not mean Russia would obey any orders issued by the court.

The request for “provisional measures” is tied to a complaint brought by Ukraine under the Genocide Convention. Both countries have ratified the 1948 treaty, which includes a clause that allows countries to bring disputes arising from its provisions to the Hague-based court.

Ukraine’s accusations of genocide in Donetsk and Luhansk, which Putin used as a pretext for his invasion, are manufactured, according to Kyiv.

“Ukraine emphatically denies that any such genocide has occurred, and that the Russian Federation has any lawful basis to take action in and against Ukraine for the purpose of preventing and punishing genocide,” the country said in its claim to the court.

Ukraine’s nine-page legal filing launching the case argues that “Russia has turned the Genocide Convention on its head” by making a false claim. It adds that “Russia’s lie is all the more offensive, and ironic, because it appears that it is Russia planning acts of genocide in Ukraine.”

The court’s acceptance of Ukraine’s motion will determine if the court has “prima facie jurisdiction” in the matter, which is not a guarantee that the case would be pursued. The International Court of Justice usually takes years to resolve cases.

SOURCE: INDEPENDENT PRESS AND NEWS AGENCIES

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