In a recent development, the International Court of Justice (ICJ) has announced that it has the jurisdiction to rule on Ukraine's request for a declaration that Kyiv is not responsible for genocide. However, the court clarified that it cannot rule on other aspects of Ukraine's case against Russia related to allegations of genocide.

The ongoing dispute between Ukraine and Russia involves accusations of genocide on both sides. Ukraine filed its case shortly after Russia's invasion in February 2022, claiming that Moscow used false genocide claims to justify its attack. The ICJ will now focus on determining whether Ukraine violated the convention, as alleged by Russian President Vladimir Putin to justify the invasion. A final, legally binding decision is expected to take years.

The court clarified that it does not have jurisdiction to rule on whether Russia's invasion violated the 1948 genocide convention or if Moscow's recognition of breakaway republics in eastern Ukraine breaches the convention. Despite these limitations, Ukraine sees the ruling as a victory, allowing the case to proceed.

The court's president, Joan E. Donoghue, stated that even if Russia falsely alleged genocide as a pretext for its actions, it would not automatically constitute a violation of obligations under the genocide convention.

The decision has led to speculation that Ukraine may bring another case before the ICJ, this time under the UN Charter, addressing the unlawful use of force by states against others. Russia had previously sought to have the case dismissed, but the 16-judge panel will proceed with considering the merits of Kyiv's claims.

The preliminary order by the court for Russia to immediately halt its invasion remains in place, despite Moscow's non-compliance. The court's decision comes after judges rebuked Russia in a separate case related to attacks in eastern Ukraine since 2014 and discrimination in annexed Crimea.

Ukraine's case is grounded in the 1948 Genocide Convention, ratified by both Kyiv and Moscow. The convention allows nations with disputes based on its provisions to bring the issue to the ICJ. Russia denies the existence of a dispute, while Ukraine rejects this position.

Notably, the ICJ and the Genocide Convention faced scrutiny recently when South Africa filed a case accusing Israel of genocide in the aftermath of the Oct. 7 Hamas attacks in Gaza. In a preliminary ruling, the court ordered Israel to take measures to prevent death, destruction, and acts of genocide in Gaza without addressing the case's merits.