Putin’s Russia Before the International Court of Justice

In the past 15 years, Georgia and Ukraine have both brought cases against Russia before the International Court of Justice (ICJ). Georgia’s 2008 application ad¬dressed the separatist movements in South Ossetia and Abkhazia. Ukraine’s 2017 case (Ukraine v. Russian Federation I) accuses Russia of discriminating against Crimean Tatars, supporting terrorism in Eastern Ukraine and downing Malaysia Airlines flight MH-17. The 2022 case (Allegations of Genocide) claims that Russia’s war against Ukraine violates the Genocide Convention. This article examines Russia’s role in these disputes, comparing outcomes in Georgia v. Russian Federation and Ukraine v. Russian Federation I, both alleging breaches of the Convention on the Elimination of All Forms of Racial Discrimination. Only the latter reached the merits phase. The article also analyses the controversial judgment on preliminary objections in Allegations of Genocide. It argues that the ICJ’s consensual jurisdiction limits its effectiveness, restricting its ability to rule on Russia’s actions against Ukraine. Additionally, it assesses Russia’s strategies in these proceedings, focussing on the “rhetorical adaptation” of international norms.

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Publication Details

Journal
Polish Yearbook of International Law
Published
2024-11-28
DOI
https://doi.org/10.24425/pyil.2024.152297
Primary Topic
Post-Soviet Geopolitical Dynamics
Type
article
Field-Weighted Citation Impact
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article

Putin’s Russia Before the International Court of Justice

Bilyana Manova, Nikolay Marin
Polish Yearbook of International Law
Post-Soviet Geopolitical Dynamics
article

Putin’s Russia Before the International Court of Justice

Bilyana Manova, Nikolay Marin
article en

Abstract

In the past 15 years, Georgia and Ukraine have both brought cases against Russia before the International Court of Justice (ICJ). Georgia’s 2008 application ad¬dressed the separatist movements in South Ossetia and Abkhazia. Ukraine’s 2017 case (Ukraine v. Russian Federation I) accuses Russia of discriminating against Crimean Tatars, supporting terrorism in Eastern Ukraine and downing Malaysia Airlines flight MH-17. The 2022 case (Allegations of Genocide) claims that Russia’s war against Ukraine violates the Genocide Convention. This article examines Russia’s role in these disputes, comparing outcomes in Georgia v. Russian Federation and Ukraine v. Russian Federation I, both alleging breaches of the Convention on the Elimination of All Forms of Racial Discrimination. Only the latter reached the merits phase. The article also analyses the controversial judgment on preliminary objections in Allegations of Genocide. It argues that the ICJ’s consensual jurisdiction limits its effectiveness, restricting its ability to rule on Russia’s actions against Ukraine. Additionally, it assesses Russia’s strategies in these proceedings, focussing on the “rhetorical adaptation” of international norms.

Polish Yearbook of International Law
South-West University "Neofit Rilski" (BG)
Reduced inequalities, Peace, Justice and strong institutions
Openalex Percentile: Top 65%
Post-Soviet Geopolitical Dynamics
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Putin’s Russia Before the International Court of Justice — Bilyana Manova, Nikolay Marin · Polish Yearbook of International Law (2024) | TGRS Research Map | TGRS