Proceedings before the ICC – The Kremlin stands by accusations of genocide

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Since Monday, September 18, Ukraine has challenged Russia’s accusation of genocide at the International Criminal Court (ICC) in The Hague. On the first day, the Russian side reiterated its position. Kiev’s argument “couldn’t be further from the truth,” said Russian representative Gennady Kuzmin.

“Ukraine does not accuse Russia of genocide. Ukraine also does not accuse Russia of failing to prevent or punish genocide. On the contrary, Ukraine insists that no genocide took place. If no genocide has taken place, there can be no violation of the Genocide Convention,” Kusmin said on Monday in The Hague. The court initially ruled in favor of Ukraine through an accelerated procedure. However, it still needs to be clarified whether the ICC is responsible at all.

The judgment is symbolically important
The International Court of Justice is the central judicial organ of the United Nations and decides disputes between countries. Although the judgments are binding, they cannot be enforced by means of instruments. From the perspective of experts, a ruling in Ukraine’s favor would have great symbolic significance.

Immediately after the Russian invasion on February 24, 2022, the Ukrainian government urgently demanded that the International Criminal Court order an immediate halt to all Russian military operations pending a ruling. The motion argued that the Russian government had justified the invasion based on a false claim: that a “genocide” had taken place against Russian civilians in the eastern Ukrainian regions of Donetsk and Luhansk. In doing so, Moscow ‘misused’ the UN Genocide Convention as a pretext for war.

Accusation of National Socialism
Monday’s hearing marked the first time a Russian representative addressed the court in the case. Ukraine’s legal position is “hopelessly flawed” and “contrary to the Court’s long-standing case law,” Kuzmin said. The regime is “firmly rooted in the history, doctrine and practice of National Socialism.” The Ukrainian side will present its response on Tuesday.

Source: Krone

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