Russia hit out at Ukraine at the International Court of Justice (ICJ)on Monday, as the two warring countries squared off in a legal case over Moscow’s claim that “genocide” in eastern Ukraine was a pretext for last year’s invasion. Moscow urged the court to throw out the case, arguing that it does not have jurisdiction to hear Kyiv’s allegations that Russia abused the United Nations Genocide Convention, to which both countries are signatories. But US judge Joan Donoghue said mere “statements” about genocide do not meet the threshold for such a case, and she dismissed Russia’s argument that ICJ rulings aren’t binding.
The ICJ, also known as the World Court, is one of the UN’s highest courts. It hears disputes between nations, unlike the International Criminal Court, based in The Hague, which prosecutes individuals for crimes against humanity. Donoghue’s decision was a victory for Ukraine, but it will not end the war in which Russian air strikes have flattened cities like Mariupol and dragged millions of Ukrainians from their homes. It will, however, likely have implications for future reparations payments if the court decides to make such a decision.
While the ICJ’s judges aren’t debating the merits of Ukraine’s case, it is expected to take months or even years to reach a verdict. The case isn’t the first time that the two countries have clashed at the ICJ, which has also heard arguments over whether Russian military actions in Ukraine constitute an illegal use of force and about who has sovereignty over parts of the country.
The upcoming hearings are not expected to delve into the allegations of genocide but instead focus on legal arguments about the court’s jurisdiction. Nevertheless, the arguments will give Ukraine’s president, Volodymyr Zelenskyy, an opportunity to speak with international leaders and to raise funding for his war effort.
Experts say that Putin’s claims about a “neo-Nazi” government in Kyiv are meant to discredit Ukraine’s legitimate struggle against Russia’s military aggression and to tie it to Nazism, which carries significant symbolic power for many Russians. Jose Casanova, professor emeritus of sociology at Brandeis University, tells NPR, “It’s a mythical use of history” designed to evoke remembrance of the Soviet Union’s heroic battle against Nazism in World War II. He adds that Ukraine suffered more than any other country from Nazi invaders, including losing a significant proportion of its population (without counting Europe’s 6 million Jews). “So this is not just propaganda,” he says, but also a way for Putin to create the impression that he and his nation are defending humanity against a new threat, namely Nazism. And that, he says, will help justify his actions in Ukraine. “If we believe this rhetoric is real, then that will give Putin the justification he needs to continue his invasion.” Despite that, critics of the Kremlin’s tactics say most people in Ukraine and beyond don’t appear to buy it. Regardless, the experts note that Putin’s language is harmful and dangerous and distorts and diminishes the 20th-century experience of both countries.
