Document Type

Blog Post

Publication Date

1-26-2024

Abstract

When Russia launched its full-scale invasion of eastern Ukraine on February 24, 2022, Russia claimed that the use of force in Ukraine was justified since Ukraine was committing genocide. Within a few days, Ukraine filed a petition with the International Court of Justice (ICJ). Ukraine evoked the ICJ’s jurisdiction under Article IX of the Genocide Convention, which provides the ICJ with jurisdiction to resolve “[d]isputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III ….” The case is currently still in the jurisdictional phase. Russia is claiming that, because Ukraine is seeking a decision from the ICJ on Russia’s use of force, rather than any determination related to genocide, the ICJ does not have jurisdiction over the dispute under Article IX of the Genocide Convention.

This post was originally published on the Cardozo International & Comparative Law Review on January 26, 2024. The original post can be accessed via the Archived Link button above.

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