In Ukraine v. Russia the claim is that Russia falsely asserted that Ukraine committed genocide against Russians or Russian-speakers in Ukraine, and on that basis then proceeded to invade Ukraine.

In its judgment, the Court distinguishes between two different aspects of Ukraine’s case. The first is whether Ukraine can make a ‘reverse compliance’ claim by seeking a declaration that it did not commit genocide in Eastern Ukraine. The second is whether Russia violated the Convention by making the false allegation of genocide against Ukraine, and then by using force against it.

The Court dismissed all of Russia’s more procedural objections, and did so near-unanimously. But on the subject-matter jurisdiction issue Ukraine lost, and as I said it lost badly. By 12 votes to 4 (Judges Donahue, Sebutinde, Robinson and Charlesworth dissenting), the Court UPHELD Russia’s preliminary objection that false allegations of genocide, and uses of force based on them, fall outside the scope of the Genocide Convention.

Now, on the merits, the Court will have to decide solely whether Ukraine is responsible for violating the Genocide Convention. But no issue of Russia’s responsibility will arise, except very implicitly.