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Ukraine sues Russia over genocide claim in UN's highest court

Ukraine Ukraine sues Russia over genocide claim in UN's highest court
TUE, 01 MAR 2022 LISTEN

Ukraine has filed a lawsuit against Russia at the International Court of Justice (ICJ), the United Nations' highest court, invoking the convention against genocide.

Ukraine announced the move late Sunday, saying Russia had "falsely claimed" that genocide was being committed in the breakaway republics of Luhansk and Donetsk in order to justify an invasion. Ukraine "emphatically" denies the allegations, the indictment states.

The court is now expected to declare in emergency proceedings that "Russia has no legal basis" for its military action in and against Ukraine. A date for a hearing has not yet been set.

Ukrainian President Volodymyr Zelensky had earlier announced the lawsuit via Twitter.

In the indictment, Ukraine also accuses Russia of "planning acts of genocide in Ukraine" and "intentionally killing or seriously injuring people of Ukrainian nationality." The court is expected to order immediate measures to prevent the violation of the rights of Ukraine and its citizens.

Court proceedings before the ICJ are usually lengthy. However, in the case of an urgent application, a hearing can be scheduled within a few weeks.

A case against Russia is already underway before the UN court. Ukraine had accused the country of occupying the Crimean Peninsula, as well as funding pro-Russian separatists in its eastern region of Donbass and supplying them with weapons.

The function of the International Court of Justice is to settle conflicts between states peacefully, and its judgements are binding.

However, the court has no means of forcing a losing state to implement its ruling, though it can appeal to the UN Security Council if its ruling is ignored.

The International Criminal Court (ICC) in The Hague meanwhile will launch an investigation into possible war crimes committed by Russia in Ukraine, chief prosecutor Karim Khan said on Monday.

"I wish to announce that I have decided to proceed with opening an investigation into the Situation in Ukraine, as rapidly as possible," Khan said in a statement.

Khan said after reviewing a preliminary examination of the situation he was "satisfied that there is a reasonable basis to believe that both alleged war crimes and crimes against humanity have been committed in Ukraine" in events preceding Russia's invasion.

"Given the expansion of the conflict in recent days, it is my intention that this investigation will also encompass any new alleged crimes falling within the jurisdiction of my Office that are committed by any party to the conflict on any part of the territory of Ukraine," he added in a statement.

Ukraine is not a party to the Rome Statute of the ICC but the country has accepted the court's jurisdiction to try war crimes and crimes against humanity on its territory, according to the prosecutor. Russia does not recognize the court.

The prosecutor must now get judicial approval for the investigation.

Lithuania had announced earlier in the day that it intended to request the ICC open an investigation into the matter, with Lithuanian Justice Minister Evelina Dobrovolska specifically naming Russian President Vladimir Putin and Belarusian President Alexander Lukashenko for their roles in the decision-making process over the war.

GNA

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