Invasion of Ukraine reaches court in The Hague: Putin charged with genocide


Russia’s invasion of Ukraine has been referred to the International Court of Justice.This International Court of Justice (International Court of Justice) –The main judicial organ of the United Nations based in The Hague– Celebration of the hearing on emergency precautionary measures requested by Kyiv from this Monday in order to Order the Kremlin to immediately cease all military operations.

Meanwhile, U.S. Attorney Karim Kahn International Criminal Court (ICC)Also based in The Hague, a formal investigation has been launched on the grounds that there are “reasonable grounds to believe that Ukraine commits war crimes and crimes against humanity”. A total of 39 countries, including Spainhas issued a joint letter asking the International Criminal Court to intervene in the case.

What is the result of these two actions? Can International Justice Stop the War in Ukraine?DoVladimir Putin will finally be on the bench? Will the Russian president continue? Following in the footsteps of Serb Slodoban Milosevic Or Bosnian Serb leader Radovan Karadzic, who was sentenced to life in prison Genocide and crimes against humanity in the Bosnian war?

“It is important to note that in this case, The International Court of Justice settles legal disputes between stateswhile the International Criminal Court exists to be able to prosecute individuals responsible for war crimes, genocide, crimes against humanity and, in some cases, aggression,” Chimène Keitner tellsProfessor of International Law at Hastings College, San Francisco.

“For the purposes of Russia’s invasion of Ukraine, this means that the International Court of Justice will look at Russia’s state responsibility. ICC investigation to examine Vladimir Putin’s personal criminal responsibility and other senior Russian officials,” Ketner explained.

However, the two international tribunals face serious difficulties that hinder their ability to influence the war in Ukraine. first, (lack or no) ability to resolve disputes between Moscow and Kyiv. but also lacks (yes, proven) mechanisms to enforce its resolutions, which are mandatory but are often ignored in practice without consequences.

The most direct procedure is that of the International Court of Justice, which will hear Ukraine’s arguments on Monday and the Kremlin on Tuesday, and may issue its first resolution within weeks. President of Ukraine, Vladimir Zelenskyfiled a lawsuit against the Kremlin on February 27, claiming that “An emergency decision ordering Russia to stop military activities immediately“.

War has no legal basis

Led by President of the International Court of Justice Joan Donoghue First emergency communication with Moscow on March 1 in which he asks “Take steps so that any order of the court concerning a request for precautionary measures will have the desired effect”. That is, in order to avoid irreparable losses in Ukraine. Putin completely ignored the request as he continued to bomb.

International Court of Justice Disputes between two countries can only be resolved if both parties agree to their “enforceable jurisdiction”, something that neither Russia nor Ukraine signed. It can also intervene if the conflict involves the UN Charter or existing treaties and conventions.

That’s the straw for Zelensky to grab, proving his claim that the Kremlin misrepresented the crime of genocide to justify its invasion of Ukraine. According to the Genocide Convention, The International Court of Justice must decide whether Moscow’s arguments for the war are valid, President’s request.

Specifically, the Kyiv government asked the ICJ to determine Russia’s actions against Ukraine have no legal basis to prevent and punish any so-called genocide.”

Ukraine has achieved its first moral victory with the resignation of Frenchman Alain Pellet, the Kremlin’s legal representative at the International Court of Justice. “Lawyers can defend more or less problematic reasons. But it has become impossible to represent such a cynical country in a dedicated law enforcement forum,” Pellet wrote in his resignation letter.

Typically, cases before the International Court of Justice take years, but the urgency of the war in Ukraine could trigger an accelerated process, and as we’ve already seen, it’s time to set the pace at which to target. The judgment is mandatory, but the court has no mechanism to compel Moscow to implement itin addition to submitting the document to the UN Security Council, where Russia has veto power.

Putin on the bench?

The second case against Russia, The one who could put Vladimir Putin on the benchis a project initiated by the Prosecutor of the International Criminal Court. February 28 last year, Karim Khanannounced that he would call for an investigation into war crimes and crimes against humanity in Ukraine, and asked his team to start collecting evidence.

Here, too, the main problem is lack of jurisdiction, as neither Russia nor Ukraine have signed the Rome Statute, which established the ICC. despite this, The government of Kyiv has accepted the jurisdiction of the court on alleged crimes committed within its territory. It did so after Moscow’s illegal annexation of Crimea in 2014.

To circumvent this lack of direct jurisdiction, on March 2, a total of 39 countries asked prosecutors to investigate “any war crimes, crimes against humanity and genocide allegedly committed in Ukraine since November 21, 2013. crime”. forward, Include reports of current and ongoing crimes within Ukraine“.

“We have seen Credible reports of deliberate attacks on civilians, which may be war crimes”, the head of U.S. foreign affairs said on Sunday, Anthony Blinken In an interview with CNN. Blinken said Washington is documenting all of these crimes to ensure organizations working to investigate war crimes have all the necessary evidence.

However, the ICC does not have its own security forces to make arrests or enforce any possible sentences, relying instead on its member states.since Moscow Without recognizing the jurisdiction of this International Court of Justice, the only way to bring Vladimir Putin to the bench is to arrest him when he travels to a country with universal jurisdiction.but As long as he stays in Russia, it will be difficult to take action against him.

Russian-Ukrainian War


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