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‘Hopelessly flawed’ – Moscow calls on ICJ to dismiss Ukraine’s case over alleged breach of Genocide Convention

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« Moscow’s legal team called on the International Court of Justice to dismiss the current case brought by Ukraine regarding an alleged breach of the Genocide Convention, during the first of five days of hearings in The Hague on Monday.
« Ukraine’s legal position is, hopelessly flawed and at odds with the longstanding jurisprudence of this court, » claimed Gennady Kuzmin, leader of Russia’s legal team and ambassador-at-large in the Ministry of Foreign Affairs.
« Ukraine’s claim in itself and its tactics in these proceedings is a manifest disregard of the proper administration of justice and constitutes an abuse of process, » he continued.
Kiev has alleged that Moscow made false claims of ‘genocide’ to justify its intervention in eastern Ukraine in February 2022, before committing ‘grave violations’ of human rights itself.
Russia claims the court does not have the jurisdiction to make such a ruling, and argues that the case is not about ‘genocide’ but an attempt by Kiev to get a ruling on its decision to take military action.
“It is evident to all and simply undeniable that this case is not about whether Russia has failed to prevent or punish genocide contrary to its obligation under the convention, » stated Alfredo Crosato Neumann, a member of Russia’s legal team.
« What this case is really about is the legality of the special military operation and the recognition of the DPR (Donetsk People’s Republic) and LPR (Lugansk People’s Republic) states, » he continued.
Neumann added that Ukraine’s position ‘finds no support’ in ‘the text of the convention nor in the subject on purpose, nor in its drafting history’.
« There is no link between the convention and other rules of the international law, » he stated.
Ukraine will set out its own arguments during Tuesday’s session, while 32 of Kiev’s allies will make statements of support on Wednesday.
The current hearings, on the jurisdiction of the court rather than the merits of the arguments, will continue until September 27. According to media reports, the procedural decision could be months away, and a verdict on the case could take years.
Both Russian and Ukraine are parties to the 1948 Genocide Convention, which states that all must prevent and punish genocide.
Moscow launched a military offensive in Ukraine in late February 2022 after recognising the independence of the DPR and LPR, claiming that Kiev had failed to guarantee their special status under the 2014 Minsk Agreements, and urging Ukraine to declare itself officially neutral and give assurances that it would never join NATO.
Kiev denounced the Russian action as an invasion. Ukrainian leader Volodymyr Zelensky imposed martial law throughout the country, announcing a general mobilisation, while the EU and the US imposed several rounds of sanctions on Moscow. »


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