Russia a no-show at UN court hearings on Ukraine invasion

Russia boycotted hearings at the UN's highest court on Monday during which Ukraine is seeking an emergency order to halt hostilities, arguing that Moscow has falsely applied genocide law in justifying its invasion.

The hearings were held at the International Court of Justice (ICJ) in The Hague, Netherlands, without legal representation for Russia.

"The fact that Russia's seats are empty speaks loudly. They are not here in this court of law: they are on a battlefield waging an aggressive war against my country," Ukrainian envoy Anton Korynevych said.

He urged Russia to "lay down your arms and put forward your evidence."

Russia's seats at the Great Hall of Justice in the court's Peace Palace headquarters were empty for the hearing.

The court's president, American judge Joan E. Donoghue, said Russia's ambassador to the Netherlands, Alexander Shulgin, informed judges that "his government did not intend to participate in the oral proceedings."

'A grotesque lie'

Russian President Vladimir Putin has said Russia's "special military action" is needed "to protect people who have been subjected to bullying and genocide" meaning those whose first or only language is Russian in Eastern Ukraine.

Ukraine said on Monday Russia's claim was baseless and the alleged genocide in Eastern Ukraine was "non-existent."

The case centres on the interpretation of a 1948 treaty on the prevention of genocide, signed by both countries. The treaty names the ICJ as the forum for resolving disputes between signatories.

Ukraine said Monday that Moscow was violating and abusing the genocide convention by using it as a justification for war.

"Russia must be stopped and the court has a role to play in stopping it," Korynevych told the judges as he asked for them to impose emergency measures.

Ukraine has asked the court to order Russia to "immediately suspend the military operations" launched Feb. 24 "that have as their stated purpose and objective the prevention and punishment of a claimed genocide" in the separatist eastern regions of Luhansk and Donetsk.

"Ukraine comes to this court because of a grotesque lie and to seek protection from the devastating consequences of that lie," David Zionts, a lawyer for Kyiv, told the court. "The lie is the Russian Federation's claim of genocide in Ukraine. The consequences are unprovoked aggression, cities under siege, civilians under fire, humanitarian catastrophe and refugees fleeing for their lives."

The UN's refugee agency says the number of people who have fled the war in Ukraine has increased to more than 1.7 million.

Diplomatic pressure

The ICJ is the highest court for resolving disputes between states, and while cases there usually take years, it has a fast-track procedure to look at requests for "provisional measures" such as those Ukraine has requested.

The court can order provisional measures to prevent a situation from worsening before it looks at more fundamental questions such as whether it has jurisdiction, or the merits of a case.

WATCH |Ukrainians dust off old war bunkers amid Russian invasion:

Ukrainians dust off old war bunkers to seek shelter from Russian invasion

3 years ago

Duration 2:34

In western Ukraine, a group of residents is doing what they can to seek shelter from Russia's invasion, including digging out an old war bunker in case they come under attack.

A decision on Ukraine's request is expected within days.The court's president, American judge Joan E. Donoghue, said the judges would issue a decision "as soon as possible."

Because of Russia's refusal to participate in the hearings, Moscow's turn to present legal arguments on Tuesday was cancelled.

As for whether the court will order a halt to hostilities, "I think the chance of that happening is zero," Terry Gill, a professor of military law at the University of Amsterdam, told The Associated Press. He noted that if a nation does not abide by the court's order, judges could seek action from the United Nations Security Council, where Russia holds a veto.

Regardless of the outcome of the hearings, they give Ukraine another platform to air grievances about Moscow's invasion.

"It's part of, I think, an overall diplomatic strategy to try to put maximum pressure on Russia," said Gill.