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            \Congressional                                              ______
          R a    esearch Service






The Role of International Tribunals in the

Response to the Invasion of Ukraine



Updated March 22, 2023
The Ukrainian government and much of the international community contend that actions taken by
Russian forces following its February 2022 invasion of Ukraine violate international law. At the outset of
the invasion, a number of officials expressed concern that actions during the invasion amount to war
crimes and crimes against humanity; others, including the Secretary General of the United Nations (U.N.)
and the U.S. Secretary of State claimed that the situation in Ukraine led to human rights violations. Since
the initial invasion, Ukrainian officials and third-party observers have reported evidence of alleged
atrocity crimes perpetrated by Russian personnel on a regular basis. This Sidebar addresses the role of
international tribunals in addressing issues involving international humanitarian and human rights law.


Individual and Russian Accountability for Actions in

Ukraine

Several international tribunals may play a role in addressing Russia's actions in Ukraine, chiefly the
International Court of Justice (ICJ), International Criminal Court (ICC), and European Court of Human
Rights (ECHR). This section provides an overview of current and prior disputes involving Ukrainian
allegations against Russia or individuals connected to Russian actions in Ukraine.

International Court of Justice

On February 27, 2022, Ukraine filed an application with the ICJ to initiate proceedings against Russia
under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide
Convention). Article II of that Convention defines genocide as certain wrongful acts-such as killing,
causing serious bodily harm, or deliberately inflicting conditions calculated to bring about physical
destruction-when committed with the intent to destroy a national, ethnic, racial, or religious group. In its
ICJ filing, Ukraine contends that Russia premised its invasion on fabricated claims of Ukrainian genocide
against Russians or Russian-speakers in Ukraine, which Ukraine emphatically denies. Ukraine argues
that Russia has turned the Genocide Convention on its head-making a false claim of genocide as a
basis to justify its own grave and widespread human rights violations.

                                                                Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                    LSB10704

CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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