"This Is a War of Annihilation. Now We Must Say 'No' to Russia." Ukraine's Statement at the International Court

On September 18, the International Court in The Hague (also known as the UN Court), began hearing the case "Ukraine v. Russia" concerning Russia's violation of the Genocide Convention.

European Pravda reported on the first day of hearings, detailing  the complexities and challenges of this process, as well as the loopholes that lawyers from Russia's team, including representatives of Iran, China, and others, are trying to exploit.

We are presenting you the introductory speech of the "Ukrainian day" of hearings by Ukraine's Agent at the Court, Anton Korynevych.

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Madam President, distinguished Members of the Court,

Five hundred and seventy-three days ago, Russia launched a brutal, full-scale military assault on Ukraine.

This is a war of annihilation:

Russia denies the very existence of the Ukrainian people and wants to wipe us off the map.

It is a war of imperialism: Russia tries to overthrow our democratically elected Government.

It is a war of conquest: Russia has attempted to claim Ukrainian territory for itself.

And it is a war of atrocity, terror and war crimes: mass graves in Bucha, torture chambers in Kherson and Izyum, tens of thousands of civilians abducted and held captive, cities and towns such as Mariupol and Volnovakha completely destroyed, villages flooded, children stolen and deported, deliberate attacks on civilian infrastructure, and many more unspeakable horrors...

Yesterday, you did not hear any of this. Listening to Russia, you would never know what it is doing to my country. But it is the reality

Listening to Russia, you will never learn what it is doing to my country. But this is our reality.

Why does Russia do all of this? In the twenty-first century, what could possibly justify such barbaric action?

Russia has given an answer: a cynical misuse of the Convention on the Prevention and Punishment of the Crime of Genocide. For almost a decade, Russia has been laying the groundwork.

Since 2014, Russia has falsely accused Ukraine of committing genocide in violation of the Genocide Convention.

On 24 February 2022, the President of the Russian Federation used that absurd allegation as a sword: he said Russia was acting — it had to act — to stop this genocide

Russia is waging war against my country in the name of this terrible lie: that Ukraine is committing genocide against its own people. This lie is Russia's pretext for aggression and conquest.

Russia has presented no credible evidence. It cannot. In reality, Russia has turned the Genocide. Convention on its head. The international community adopted the Genocide Convention to protect.

Russia invokes the Genocide Convention to destroy.

Over the past 573 days, Russia has shown the world what Ukraine already understood. Russia does not respect international law. For Russia, international law is not a constraint. For Russia, international law does not exist to ensure respect for sovereignty and human rights. For Russia, international law is a tool to be abused.

Unlike Russia, Ukraine respects international law. Ukraine believes in settling disputes peacefully. That is why, at our moment of greatest peril, Ukraine turned to this Court. Your Court has broad jurisdiction over disputes relating to the Genocide Convention. The relationship between this dispute and the Genocide Convention is straightforward.

Russia accused Ukraine of committing genocide.

Russia must be held accountable.

Yesterday, Russia told you that this dispute has nothing to do with the Genocide Convention.

According to the Agent of the Russian Federation, a few Russian officials just "use[ed] the word 'genocide'". Russia's counsel suggested it was 'for rhetorical purposes'. This is another one of Russia’s brazen lies. There is nothing "rhetorical" about Russia's allegations. For years, Russian State organs declared that Ukrainian high-ranking officials committed the crime of genocide under the Genocide Convention. Senior Russian diplomats declared that Ukraine, the State itself, committed genocide under the Genocide Convention.

This is another shameless lie by Russia. Mention of genocide was not "rhetorical": for many years, Russian state bodies and senior Russian diplomats claimed that Ukraine was committing genocide under the Genocide Convention.

There was also nothing "rhetorical" about Russia's violent actions on the basis of preventing and punishing genocide. I would prefer not to quote the President of the Russian Federation.

But for three hours yesterday, Russia’s Agent and its counsel were afraid to tell the Court what he said. So I will repeat what the Russian President announced on 24 February 2022: "The purpose of this operation is to protect people who, for eight years now, have been facing humiliation and genocide perpetrated by the Kiev regime."

Inside Russia, the express purpose of the full-scale invasion is openly stated, at the highest levels. But in this Court, it is inconvenient for Russia. So Russia hides from the truth.

You were also subjected yesterday to Russia's story of a "coup d'état", and the "Kiev régime" filled with "neo-Nazis" who threatened the people in Donbas. These are more lies, but they confirm an important point: there is a dispute.

For nine years we have endured lies about genocide from the highest level of the Russian Government. For a year and a half we have suffered terrible attacks because of those lies. Today Ukraine is simply asking for its day in court so that the Court can resolve the dispute.

[…]

Madam President, Members of the Court, Russia’s disrespect for international law is far-reaching. Eighteen months ago, this Court issued a clear order: Russia must immediately suspend its military operations in Ukraine. But Russia had no interest in complying. Russia immediately announced that it would ignore the binding provisional measures Order of the World Court.

Russia did not stop its military operations in Ukraine as you ordered. To this day, Russia rains down missiles on our cities and our people, still in the name of preventing a purported genocide.

The consequences of Russia's defiance have been devastating.

An example of this devastation is Russia’s deliberate attacks on critical civilian infrastructure. These attacks left entire regions and millions of people without heat or electricity, including in freezing temperatures.

The United Nations has documented the grave harm to civilians. This past June, Russia's destruction of the Kakhovka hydroelectric power plant dam in the Kherson region caused grave and far-reaching consequences for thousands of people in southern Ukraine, including a lack of access to clean water

The World Bank estimates that it will take $411 billion to repair the damage caused by Russia to Ukraine. The Independent International Commission of Inquiry on Violations of International Humanitarian Law in Ukraine, established by the UN Human Rights Council, has found that Russian forces committed a "wide range" of violations of international law, "many" war crimes, and actions that "may amount to crimes against humanity."

[...]

Another horrifying example is the forcible deportation of Ukrainian children. I quote what the Minister for Foreign Affairs of Ukraine, Dmytro Kuleba, said in July: "To date, we have identified 19,474 illegally transferred kids, including 4,390 who are orphans or lack parental care." For these shocking actions, the International Criminal Court issued arrest warrants. It found reasonable grounds to believe that the Head of State of Russia, who sits on the UN Security Council, is personally responsible for these war crimes.

This is how far Russia is willing to go under the pretext of preventing genocide.

Such actions harm not only Ukraine. By blocking Ukrainian ports and threatening international shipping, Russia has destroyed or detained millions of tons of grain, exacerbating global food shortages in Africa and beyond.

Russia's defiance is also an attack on the authority of this Court. Every rocket Russia launches at our cities, it launches in defiance of this Court. [...]

Your Order (to halt the aggression – Ed.) is binding. Russia openly defies it

Now, the Court has an opportunity to say "no" to such defiance and contempt.

This Court now has the opportunity to reject such defiance. You have the power to ensure that international obligations are meaningful. You can decide that States that tirelessly abuse and misuse a human rights treaty will be held to account. You have the power to declare that Russia's actions are unlawful, that its continued abuses must stop, that your orders must be followed, and that Russia must make reparation.

One year ago, President Volodymyr Zelenskyy said to the UN Security Council that, in Ukraine, "not only our independence is being defended, not only the right to life for our people, but also international law as such". In this Court as well, international law, as such, is at stake. Ukraine urges the Court to reject Russia’s abuse of international law. Ukraine asks you to ensure that the Genocide Convention remains a force for protecting human rights, not a means for denying millions of people their human rights.

Yesterday, you heard how Russia distorts facts and distorts the law.

Today, Ukraine will explain why this Court can and should consider the case of Ukraine on its merits.

Madam President, members of the Court, on the ashes of World War II and the Holocaust, the world created a defining human rights treaty in the form of the Genocide Convention. It reflects the highest ideals of humanity. In a few months, the world will mark the 75th anniversary of this Convention. It can be an opportunity for the international community to once again commit to the civilizational goals of the Convention and its humanitarian purpose.

Yesterday, you heard Russia twist the facts and distort the law. Today, Ukraine will explain why this Court can, and must, hear Ukraine’s case on the merits.

Madam President, Members of the Court, on the ashes of World War II and the Holocaust, the world produced a landmark human rights treaty in the Genocide Convention. It reflects the highest ideals of humanity. A few months from now, the world will mark this Convention's

75th anniversary. This can be an opportunity for the international community to recommit itself to the Convention's civilizing aims and humanitarian purpose.

But if Russia's abuse goes unanswered, this anniversary will be a dark one.

Can it truly be the case that a State can abuse the Genocide Convention to justify a war of conquest?

Can a State use false allegations of genocide as a pretext to destroy cities, bomb civilians and deport children from their homes?

And when the Genocide Convention is so cynically abused, is this Court powerless?

The answer to these questions must be "no".

It must be "no" for the sake of the Ukrainian people, who remain under brutal attack. And it must be "no" for the sake of the world, to prevent international law from being twisted into a tool for human rights abuses and destruction.

Anton Korynevych,

Agent of Ukraine in the Case "Ukraine v. Russia"

September 19, 2023, The Hague