On 18 September, 2023, hearings on a special case began in The Hague. Ukraine, along with 32 other countries from Norway to New Zealand, jointly accuses Russia of violating the Genocide Convention, one of the key conventions upon which the so-called post-war world order is based.

This joint lawsuit (Ukraine has won the first stage) is being considered by the International Court of Justice (ICJ) – the highest judicial institution in the world.

Overall, Ukraine's chances of winning this process look good, but they are not guaranteed. This decision will set a precedent since anything like that has never been considered in history. Ukraine used the Convention quite "creatively," and Russia is pressuring it.

For more details on the proceedings against Russia and the first day of hearings, read an article by EuroPravda editor Sergiy Sydorenko (from The Hague): First Genocide Case against Russia. How Ukraine and 32 Countries Sue Kremlin in the Hague

The case began in February 2022 as Ukraine's response to Russia's full-scale invasion. The lawsuit was filed with astonishing speed, at least in terms of international law, on February 26, just two days after the invasion.

Ukrainian lawyers found such a path and prepared a lawsuit against Russia based on the Genocide Convention, one of the key conventions in the modern world order, adopted at the very beginning of the United Nations in 1948. It allows for the prosecution of a state even without its consent.

But the main creativity of the Ukrainian lawsuit was that Ukraine did not accuse Russia of committing genocide as such. Proving genocide is very complex, and in the first days of the invasion, there was no 100% evidence of genocide by Russia.

Russian officials, in an attempt to justify aggression against Ukraine, publicly accused Ukraine of "genocide" in the early days of the invasion.

So, Ukraine asked the UN Court to declare:

- That Ukraine did not commit any "genocide" in Donbas.

- That the Kremlin is abusing the Genocide Convention to justify its actions.

If the International Court legally confirms that Russia launched an attack under a fabricated pretext, this will make Ukraine's task easier in all other proceedings against Russia

In Kyiv, it is no secret that after this victory, they plan to file another lawsuit with the UN ICJ – for financial compensation. However, this lawsuit will be possible only if the wording of the court's decision allows for such a chance.

On Monday, 18 September, Russia presented its position at the UN Court. Moscow prepared much more seriously than Ukraine had hoped for.

Russia and its advisors have probably chosen the only effective tactic: to prove to the court that the allegations of "genocide in Donbas" were not the cause of the war.

Russian diplomats had to take a very atypical step and challenge the words of Putin and Lavrov personally, in addition. Throughout the day, representatives and defenders of Russia explained that the political statements of Russian leaders cited by Ukraine did not have any legal weight.

In general, Ukraine's legal line is clear. Ukrainian diplomats and legal advisors at the Ministry of Foreign Affairs have been working to convincingly demonstrate, with citations, that Russian claims of "genocide of Russian speakers in Donbas" were directly linked to Russian aggression. They argue that this is a real, not imaginary, violation.

Not only Kyiv but also 32 other capitals are convinced that the accusations are serious. And rejecting them in the light of this context will be much more difficult for the judges. Moreover, this is likely why the West decided to massively support Ukraine's lawsuit.

Read more in the article by EuroPravda editor Sergiy Sydorenko (from The Hague): First Genocide Case against Russia. How Ukraine and 32 Countries Sue Kremlin in the Hague