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Russia Submits Preliminary Objection to Genocide Case Brought by Ukraine in International Court of Justice

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International Court of Justice Law Insider

Khushi Bajpai

Published on: October 8, 2022 at 18:35 IST

According to the International Court of Justice (ICJ), Russia has lodged a preliminary objection to a genocide case initiated by Ukraine against Russia.

The submission, which hasn’t been made public, was received by the UN’s top court on October 3, according to a tweet from the institution.

Moscow claimed that the court lacked jurisdiction since the Genocide Convention does not govern the use of force between nations in a letter to the court earlier this year.

The court is the Supreme body of the UN for disputes between states.

If parties feel the court lacks jurisdiction, they may submit preliminary objections to the ICJ.

Immediately following the start of Russia’s invasion on February 24, Ukraine filed a lawsuit, claiming that Moscow’s rationale for the war — that it was acting to prevent a genocide in eastern Ukraine — was unfounded.

During hearings in March, Ukraine said there was no threat of genocide in eastern Ukraine, and that the UN’s 1948 Genocide Convention, which both countries have signed, does not allow an invasion to prevent an invasion.

Following that, ICJ judges commanded Russia to halt the invasion as a temporary measure while it considered the validity of Ukraine’s complaint.

The Kremlin refused that order, claiming that for it to be carried out, both parties would have to consent to a halt to hostilities.

A hearing on the challenge to the court’s jurisdiction will be the following phase in the case. There’s no specific time yet.

States file legal complaints with the ICJ, which is situated in The Hague, on alleged violations of international law.

It is the Supreme Judicial body of the United Nations.