The Curious Fate of the False Claim of Genocide - On the ICJ’s Preliminary Objections Judgment in Ukraine v. Russia and Beyond

Abstract

The International Court of Justice (ICJ) delivered another blow to Ukraine’s litigation strategy. The ICJ only confirmed its jurisdiction for considering Ukraine’s narrow claim that it had not committed genocide in Donbas. As we have previously argued, given the expected modest outcome of the case for Ukraine, it would make sense for Ukraine to expand its litigation strategy beyond the false claim of genocide. Ukraine may consider lodging a new lawsuit before the ICJ under the Genocide Convention, alleging that Russia breached the Convention by committing genocide against Ukrainians as a protected national group.