The International Court of Justice (ICJ), the highest court of the United Nations has recently set to host a legal confrontation between Ukraine and Russia.
The case revolves around Russia’s alleged backing of pro-Russian factions involved in acts of insurgency against the Ukrainian government. These actions included armed violence, culminating in the tragic downing of Malaysia Airlines Flight MH17 in 2014, resulting in the loss of all 298 individuals on board.
On Tuesday, judges at the International Court of Justice (ICJ) in The Hague will commence proceedings to consider Ukraine’s claim against Russia. Ukraine asserts that Russia violated a UN anti-terrorism treaty by providing support and resources to pro-Russian separatists. These separatist groups, according to international investigators, were found to have utilized a Russian missile to bring down the Malaysian airliner over eastern Ukraine nearly a decade ago.
According to the ICJ, lawyers representing Ukraine will present their arguments on Tuesday at 10am local time (08:00 GMT), followed by Russia’s response on Thursday.
Ukraine will then have an opportunity to reply on June 12, and Russia will present its final arguments on June 14.
Kyiv accuses Russia of providing support to pro-Moscow forces in Ukraine’s Donbas region through the provision of weapons and financial resources. This alleged support is claimed to be a violation of the International Convention for the Suppression of the Financing of Terrorism, which was adopted by the United Nations.
Ukraine seeks damages for the conflict that started in 2014, leading to approximately 13,000 fatalities in the eight years preceding Russia’s full-scale invasion of Ukraine in February 2022.
According to the ICJ statement, Ukraine alleges that Russia played a role in initiating and maintaining an armed rebellion against the Ukrainian government in eastern Ukraine. Additionally, Ukraine claims that Russia created an environment of violence and intimidation targeting ethnic groups that are not of Russian origin.
The ICJ, which was established after World War II, handles disputes between member states of the United Nations. Although the court’s rulings are legally binding, it does not have its own enforcement mechanism.
The upcoming hearing on Tuesday will mark the first occasion where legal representatives from Ukraine and Russia will come face to face at the ICJ, also referred to as the World Court, since Russia’s complete invasion of Ukraine. Moscow has attempted to have the ICJ case dismissed by claiming that the court lacks jurisdiction.
In November of the previous year, a Dutch court convicted two Russian individuals and one Ukrainian individual in absentia for their involvement in the downing of MH17, sentencing them to life imprisonment for the crime of murder.
Former Russian intelligence agents Igor Girkin and Sergey Dubinsky, along with Ukrainian separatist leader Leonid Kharchenko, were sentenced in absentia to life imprisonment for their involvement in the MH17 tragedy. The court’s verdict also established that Russia had “overall control” over the forces in the self-proclaimed Donetsk People’s Republic since May 2014. Ukrainian President Volodymyr Zelenskyy regarded the ruling as significant and emphasized the need to prosecute the masterminds behind the attack.
Zelenskyy stressed the importance of holding the masterminds accountable, as he believes that a sense of impunity can lead to further crimes. If the ICJ concludes that Russia provided support to the fighters in eastern Ukraine responsible for the MH17 tragedy, it would be a significant setback for Moscow. Despite repeatedly denying allegations of sending troops or military equipment to the region in 2014, a ruling in favor of Ukraine could strengthen legal claims for damages or reparations not only from the Ukrainian government but also from individual victims of the conflict.
The timeline for the ICJ verdict is currently unknown, and no specific date has been provided for when a decision will be reached by the court.
The International Criminal Court (ICC) in The Hague has issued an arrest warrant for Russian President Vladimir Putin, accusing him of war crimes related to the deportation of Ukrainian children to Russia. However, it is important to note that the Kremlin denies these charges.
