Document (with annexes) from the Russian Federation setting out its position regarding the alleged lack of jurisdiction” of the Court in the case

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182-20220307-OTH-01-00-EN
Document Type
Date of the Document
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Russian Federation
1. On 28 February 2022, the Embassy of the Russian Federation in the
Netherlands received under a cover letter of the Registrar of the Court of the same date
a copy of an Application by Ukraine instituting proceedings against the Russian
Federation entitled "Dispute relating to Allegations of Genocide" (the "Application")
as well as a Request for the indication of provisional measures dated 26 February 2022
(the "Request").
2. On the same day (28 February 2022), the Ambassador of the Russian
F ederation was consulted by the Registrar of the Court regarding possible dates of oral
proceedings for consideration of the Request. The Ambassador of the Russian
Federation indicated that it would be difficult, if not impossible, to take all necessary
decisions regarding the participation in the proceedings and conduct proper analyses of
the Request in five working days. On 1 March 2022, the Ambassador of the Russian
Federation received a letter of the Registrar of the Court informing him that the oral
proceedings had been scheduled for 7-8 March 2022.
3. The Government of the Russian Federation regrets that despite its express
indication against it the hearings were scheduled on such a short notice. On 5 March
2022, the Ambassador of the Russian Federation informed the Registrar of the Court
that the Government of the Russian Federation would not participate in the oral
proceedings. At the same time, out of deference to the Court, the Russian Federation
has decided that its position regarding the lack
of competence of the Court in this case should be hereby brought to its attention.
4. The Government of Ukraine is seeking to bring before the Court the issues of
legality of the use of force by Russia in Ukraine and the recognition by Russia of the
Donetsk and Lugansk Peoples' Republics using the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide (the "Convention") as a vehicle
for this purpose.
5. With reference to the dispute resolution clause of the Convention, the main
purpose of which is "to prevent and to punish" the crime of genocide and related
crimes, Ukraine is seeking an immediate prescription for Russia to "halt all military
actions in Ukraine"1
, "immediately suspend the military operations commenced on
24 February 2022", "immediately ensure that any military or irregular armed units ...
take no steps in furtherance of the military operations"2
. The last two provisional
measures are of a general nature3
.
1 Request, para. 1.
2 Request, para. 20 (a-b).
3 Request, para. 20 (c-d).
1
6. The Court cannot entertain a claim, even at a provisional measures stage,
without first ascertaining that it has jurisdiction over it. As the Court has repeatedly
stated, "one of the fondamental principles of its Statute is that it cannot decide a
dispute between States without the consent of th ose States to its jurisdiction"4
, " ... on
a request for provisional measures the Court ... ought not to indicate such measures
unless the provisions invoked by the Applicant or found in the Statute appear, prima
facie, to afford a basis on which the jurisdiction of the Court might be established"5
.
7. The only basis for jurisdiction referred to by the Government of Ukraine is the
dispute resolution clause of the Convention, which "is not a general provision for the
settlement of disputes"6
. Even though both Russia and Ukraine are Parties to the
Convention without reservations, for the Court to have jurisdiction it must establish
that the "subject-matter of the dispute relates 'to the interpretation, application or
fulfillment' of the Convention"7
.
8. As the Court stated, " .. . in order to determine, even prima facie, whether a dispute
within the meaning of Article IX of the Genocide Convention exists, the Court
cannot limit itself to noting that one of the Parties maintains that the Convention
applies, while the other denies it; ... the Court must ascertain whether the breaches
of the Convention alleged [ ... ] are capable of falling within the provisions of that
instrument and whether, as a consequence, the dispute is one which the Court has
jurisdiction ratione materiae to entertain pursuant to Article IX"8
.
9. The Court must also ascertain that the rights Ukraine is seeking to protect fall
under the Convention. As the Court held "having established the existence of one basis
on which its jurisdiction might be founded, namely Article IX of the Genocide
Convention" the Court "ought not to indicate measures for the protection of any
disputed rights other than those which might ultimately form the basis of a judgment in
the exercise of the jurisdiction, thus, prima facie established"9
.
10. It is clear from the plain language of the Convention that it does not regulate
either the use of force between States or the recognition of States. The Convention
4 East Timor (Portugal v. Australia), Judgment, I.C.J Reports 1995, p. 90, para. 26.
5 Application of the Convention on the Prevent ion and Punishment of the Crime of Genocide (Bosnia and
Herzegovina v. Serbia and Montenegro), Provisional Measures, Order of 8 April 1993, I.C.J Reports 1993, p. 3,
para. 14.
6 Application of the Convention on the Prevent ion and Punishment of the Crime ofGenocide (Croatia v. Serbia),
Judgment, 1.C.J. Reports 2015, p. 3, para. 93.
7 Application of the Convention on the Prevention and Punishment of the Crime of Genocide, (Bosnia and
Herzegovina v. Serbia and Montenegro), Provisional Measures, Order of 8 April 1993, J.C.J. Reports 1993, p. 3,
para. 26.
8 Legality of Use of Force (Yugoslavia v. /ta/y), Provisional Measures, Order of2 June 1999, J.C.J. Reports 1999,
p. 481, para. 25.
9 Application of the Convention on the Prevention and Punishment of the Crime of Genocide, (Bosnia and
Herzegovina v. Serbia and Montenegro), Provisional Measures, Order of 13 September 1993, I.C.J. Reports 1993,
p. 325, para. 36.
2
defines genocide for the purposes of the Convention 10
, obliges the Parties "to enact ...
the necessary legislation" 11
, to punish persons committing genocide or related
crimes12
, "to grant extradition in accordance with their laws and treaties"13
. The
Convention provides for a possibility for any Contracting Party to call upon the
competent organs of the United Nations to take such action under the United Nations
Charter, as they consider appropriate for the prevention and suppression of acts of
genocide.
11 . The reference to prevention in Article I of the Convention or the reference to
the United Nations Charter in Article VIII of the Convention can neither make the
United Nations Charter part of the Convention, thus, bringing issues related to Article
51 under the Court's jurisdiction, nor make Article IX of the Convention "a general
provision for the settlement of disputes" 14 by the Court.
12. Nowhere in the Convention may one find any reference to the use of force
between States or recognition of States, which are regulated by the United Nations
Charter and customary international law. To read them into the Convention by
implication would be to substantially amend and distort the object and purpose of the
Convention. This is what Ukraine's submissions are aiming at. In the practice of the
Court disputes arose as to whether the use of force by one State against other States in
itself may be qualified as a crime of genocide under the Convention 15
, but this is
clearly not the case of Ukraine.
13. In order to "glue" the Convention to the use of force and recognition of States
for the purposes of invoking its dispute resolution clause, the Government of Ukraine
suggests in its Request that "the Russian Federation . .. commenced an unprovoked
invasion throughout Ukrainian territory" "[ o ]n the basis of [the] claims of genocide"16,
in its Application it requests the Court to "[a]djudge and declare that the "special
military operation" declared and carried out by the Russian Federation on and after
24 February 2022 is based on a false claim of genocide and therefore has no basis in
the Genocide Convention" (emphasis added), "the Russian Federation's recognition of
the independence of . . . "Donetsk People's Republic" and "Luhansk People's
Republic" ... is based on a false claim of genocide and therefore has no basis in the
1° Convention, Article Il.
11 Convention, Article V.
12 Convention, Article IV.
13 Convention, Article VII.
14 Application of the Convention on the Prevention and Punishment of the Crime of Genocide {Croatia v. Serbia),
Judgment, J.C.J. Reports 2015, p. 3, para. 93.
15 Legality of Use of Force (Serbia and Montenegro v. Belgium), Preliminary Objections, Judgment, J.C.J. Reports
2004, p. 279, para. 1; Application of the Convention on the Prevention and Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, J.C.J. Reports 2007, p. 43, paras. 245-261, 276-
277; Application of the Convention on the Prevent ion and Punishment of the Crime of Genocide (Croatia v. Serbia),
Judgment, J.C.J. Reports 2015, p. 3, para. 411.
16 Request, para. 2.
3
Genocide Convention" (emphasis added) 17
• However, the fact is that the Convention
does not provide a legal basis for any military operation or recognition of a State
simply because they are beyond its scope of application.
14. The Court confinned that if it is not in a position to find that the acts imputed to
a respondent "are capable of coming within the provisions of the Genocide
Convention", the Convention "cannot ... constitute a basis on which the jurisdiction of
the Court couldprimafacie be founded" 18

15. The special military operation conducted by Russia in the terri tory of Ukraine is
based on the United Nations Charter, its Article 51 and customary international law.
The legal basis for the military operation was comrnunicated on 24 February 2022 to
the Secretary-General of the United Nations and the United Nations Security Council
by the Permanent Representative of the Russian Federation to the United Nations in
the form of a notification under Article 51 of the United Nations Charter. The relevant
letter addressed to the UN Secretary-General with the request to circulate it as a
document of the UN Security Council forwarded "the address of the President of the
Russian Federation H.E. Mr. Vladimir Putin to the citizens of Russia informing them
of the measures taken in accordance with Article 51 of the UN Charter in exercise of
the right of self-defense" ( emphasis added) (attached).
16. In his address the President of the Russian Federation, in particular, stated:
"They did not leave us any other option for defending Russia and our people,
other than the one we are forced to use today. In these circumstances, we
have to take bold and immediate action. The people's republics of
Donbass have asked Russia for help. In this context, in accordance with
Article 51 (Chapter VII) of the UN Charter, with permission of Russia's
Federation Council, and in execution of the treaties of friendship and
mutual assistance with the Donetsk People's Republic and the Lugansk
People's Republic, ratified by the Federal Assembly on February 22, I
made a decision to carry out a special military operation."19
17. The recognition of the Donetsk and Lugansk Peoples' Republics is a sovereign
political act of the Russian F ederation. It is related to the right of self-determination of
peoples under the United Nations Charter and customary international law as reflected
in the statements of the President of the Russian Federation and the Permanent
Representative of the Russian Federation to the United Nations, who in this regard
specifically quoted from the principle of self-determination of peoples as reflected in
17 Application, para. 30(c-d).
18 Legality of Use of Force (Yugoslavia v. Belgium), Provisional Measures, Or der of 2 June 1999, 1. C.J Reports
/999, p.124,para.41.
19 President of the Russian Federation official website, "Address by the President of the Russian Federation",
24 February 2022, available at: http://en.kremlin.ru/events/president/news/67843.
4
the 1970 Declaration of Principles of International Law concerning Friendly Relations
and Cooperation among States in accordance with the Charter of the United Nations.
18. In particular, the President of the Russian Federation stated:
"The outcomes of World War II and the sacrifices our people had to make to
defeat Nazism are sacred. This does not contradict the high values of
human rights and freedoms in the reality that emerged over the post-war
decades. This does not mean that nations cannot enjoy the right to selfdetermination,
which is enshrined in Article 1 of the UN Charter. Let me
remind you that the people living in territories which are part of today's
Ukraine were not asked how they want to build their lives when the USSR
was created or after World War II. Freedom guides our policy, the
freedom to choose independently our future and the future of our children.
We believe that all the peoples living in today's Ukraine, anyone who
want to do this, must be able to enjoy this right to make a free choice."20
19. Referring to the right of self-determination of peoples the Permanent
Representative of the Russian Federation to the United Nations in New York
explained:
"I would like to remind that the principle of sovereignty and territorial integrity
of states, of which violation we are being accused with regard to Ukraine,
as stipulated in [the] 1970 Declaration on Principles of International Law
concerning Friendly Relations and Cooperation among States, must be
strictly observed with regard to states that are ' conducting themselves in
compliance with the principle of equal rights and self-determination of
peoples and thus possessed of a government representing the whole people
belonging to the territory without distinction as to race, creed or colour.'
The current Government of Ukraine is not like this. By the way, the
tragedy of Ukraine started after the illegitimate Mai dan coup in 2014,
when instead of talking to the Russian-speaking population, new
Ukrainian authorities confronted them with guns and aviation. There is
enough information and evidence on that matter, however, our Western
partners prefer to not notice it. "21
20. A reference to genocide is not equal to the invocation of the Convention or the
existence of a dispute under it, since the notion of genocide exists in customary
20 President of the Russian Federation official website, "Address by the President of the Russian Federation",
24 February 2022, available at: htt.p://en.kremlin.ru/events/president/news/67843.
21 Permanent Mission of the Russian Federation to the United Nations official website, "Statement and reply by
Permanent Representative Vassily Nebenzia at UNSC briefing on Ukraine", 23 February 2022, available at:
htt.ps://russiaun.ru/en/news/230222un.
5
international law independently of the Convention. lt also exists in national legal
systems of States including in the Russian Federation and Ukraine. There are no
references to the Convention in the statement of the President of the Russian
Federation to which the Government of Ukraine refers. The analysis of the dire
situation in Donbass, including atrocities and genocide, provides a general
humanitarian environment along with other factors and considerations. Ukraine first
mentioned the Convention in the context of reference to genocide in Donbass, in a
statement of the Ministry of Foreign Affairs of Ukraine posted on its website on the
day Ukraine filed its submissions to the Court with the obvious purpose to devise a
basis for jurisdiction22
, although two days earlier, on 24 February 2022, the Ministry of
Foreign Affairs of Ukraine characterised the special military operation in terms of the
use of force without any reference either to the Convention or genocide.23
21. As it was stated by the Court, "since Article IX provides for jurisdiction only
with regard to 'the interpretation, application or fulfillment of the Convention,
including . . . the responsibility of a State for genocide or for any of the other acts
enumerated in Article III', the jurisdiction of the Court does not extend to allegations
of violation of the customary international law on genocide."24
22. The Government of Ukraine insists on the urgency of the measures of
protection in light of the current situation. However, the urgency must pertain not to
the situation in general, but to the protection of rights provided for by the Convention.
As the Court has previously decided it must "confine its examination of the measures
requested, and of the grounds asserted for the request for such measures, to those
which fall within the scope of the Genocide Convention"25
.
23. Accordingly, the Application and Request manifestly fall beyond the scope of
the Convention and thus the jurisdiction of the Court.
24. In view of the above the Govemment of the Russian Federation respectfully
requests the Court to refrain from indicating provisional measures and to remove the
case from its list.
22 Ministry of Foreign Affairs of Ukraine official website, "Statement of the Ministry of Foreign Affairs of Ukraine
on Russia's False and Offensive Allegations of Genocide As a Pretext For Its Unlawful Military Aggression",
26 February 2022, available at: htt_ps://mfa.gov.ua/en/news/zayava-mzs-ukrayini-shchodo-nepravdivih-ta-obrazlivihzvinuvachen-
rosiyi-v-genocidi-yak-privodu-dlya-yiyi-protipravnoyi-vijskovoyi-agresiyi.
23 Ministry of Foreign Affairs of Ukraine official website, "Statement of the Ministry of Foreign Affairs of Ukraine
on the new wave of aggression of the Russian Federation against Ukraine", 24 February 2022, available at:
htt_ps://mfa.gov.ua/en/news/statement-ministry-foreign-affairs-ukraine-new-wave-aggression-russian-federationagainst-
ukraine.
24 Application of the Convention on the Prevent ion and Punishment of the Crime of Genocide (Croatia v. Serbia),
Judgment, J.C.J. Reports 2015, p. 3, para. 87.
25 Application of the Convention on the Prevention and Punishment of the Crime of Genocide, (Bosnia and
Herzegovina v. Serbia and Montenegro), Provisional Measures, Order of 8 April 1993, I.C.J. Reports 1993, p. 3,
para. 35.
6
The President of the Security Council presents
his compliments to the members of the Council and has
the honour to transmit herewith, for their
information, a copy of a letter dated 24 February 2022
from the Permanent Representative of the Russian
Federation to the United Nations addressed to the
Secretary-General, and its enclosure .
This letter and its enclosure will be issued as a
document of the Security Council under the symbol
S/2022/154 .
24 February 2022
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Excellency,
Permanent Rcprescntativc
of fhe Russian Fcùcnition
to the United ~ations
/36 E"<t 6 7'• Street
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New York," _: --1 " Februaiy 2022
Attachment I have the honor to forward hereby the text of the address
of the Pres ident of the Russian Federation H.E. Mr. Vladimir Putin
to the citizens of Russia informing them of the measures taken
in accordance with Article 51 of the UN Chaiter in exercise of the right
of self-defense.
I would ask you to circulate the present letter and its attachment
as an official document of the UN Security CounciL
Please accept, Your Excellency, the assurances of my highest
consideration. // , r
f7, ~~
Vassily Nebenzia
H.E. ML Antonio Guterres
Secretary-General
United Nations
New York
Address by the President of the Russian
Federation
February 24, 2022 06:00 The Kremlin. Moscow
President of Russia Vladimir Putin: Citizens of Russia, friends,
1 consider it necessary today to speak aga in about the tragic events in Donbass
and the key aspects of ensuring the security of Russia.
1 will begin with what I said in my address on February 21, 2022. 1 spoke about
our biggest concerns and worries, and about the fundamental threats which
irresponsible Western politicians created for Russia consistently, rudely
and unceremoniously from year to year. 1 am referring to the eastward expansion
of NATO, which is moving its military infrastructure ever closer to the Russian
border.
lt is a fact that over the past 30 years we have been patiently trying to corne
to an agreement with the leading NATO countries regarding the principles
of equal and indivisible security in Europe. ln response to our proposais, we
invariably faced either cynical deception and lies or attempts at pressure
and blackmail, while the North Atlantic alliance continued to expand despite our
protests and concerns. lts military machine is moving and, as I said, is
approaching our very border.
Why is this happening? Where did this insolent manner of talking down from
the height of their exceptionalism, infallibility and all-permissiveness corne from?
What is the expia nation for this contemptuous and disdainful attitude to our
interests and absolutely legitimate demands?
The answer is simple. Everything is clear and obvious. ln the late 1980s,
the Soviet Union grew weaker and subsequently broke a part. That experience
should serve as a good lesson for us, because it has shown us that the paralysis
of power and will is the first step towards complete degradation and oblivion. We
lost confidence for only one moment, but it was enough to disrupt the balance
of forces in the world.
As a result, the old treaties and agreements are no longer effective. Entreaties
and requests do not help. Anything that does not suit the dominant state,
the powers that be, is denounced as archaic, obsolete and useless. At the same
time, everything it regards as useful is presented as the ultimate truth and forced
on others regardless of the cost, abusively and by any means available. Those
who refuse to comply are subjected to strong-arm tactics.
What I am saying now does not concerns only Russia, and Russia is not the only
country that is worried about this. This has to do with the en tire system
of international relations, and sometimes even US allies. The collapse
of the Soviet Union led to a redivision of the world, and the norms of international
law that developed by that time - and the most important of them.
the fundamental norms that were adopted following WWII and largely formalised
its outcome - came in the way of those who declared themselves the winners
of the Cold War.
Of course, practice, international relations and the rules regulating them had
to take into account the changes that took place in the world and in the balance
of forces. However, this should have been done professionally, smoothly,
patiently, and with due regard and respect for the interests of all states and one's
own responsibility. lnstead, we saw a state of euphoria created by the feeling
of absolute superiority, a kind of modern absolutism, cou pied with the low
cultural standards and arrogance of those who formulated and pushed through
decisions that suited only themselves. The situation took a different turn.
There are many examples of this. First a bloody military ope ration was waged
against Belgrade, without the UN Security Council's sanction but with combat
aircraft and missiles used in the heart of Europe. The bombing of peaceful cities
and vital infrastructure went on for several weeks. 1 have to recall these facts,
because some Western colleagues prefer to forget them, and when we
mentioned the event, they prefer to avoid speaking about international law,
instead emphasising the circumstances which they interpret as they think
necessary.
Then came the turn of Iraq, Libya and Syria. The illegal use of military power
against Libya and the distortion of all the UN Security Council decisions on Libya
ruined the state, created a huge seat of international terrorism, and pushed
the country towards a humanitarian catastrophe, into the vortex of a civil war,
which has continued there for years. The tragedy, which was created for hundreds
of thousands and even millions of people not only in Libya but in the whole
region, has led to a large-scale exodus from the Middle East and North Africa
to Europe.
A similar fate was also prepared for Syria. The combat operations conducted
by the Western coalition in that country without the Syrian government's approval
or UN Security Council's sanction can only be defined as aggression
and intervention.
But the example that stands a part from the above events is, of course,
the invasion of Iraq without any legal grounds. They used the pretext of allegedly
reliable information available in the United States about the presence
of weapons of mass destruction in Iraq. To prove that allegation, the US Secretary
of State held up a vial with white power. publicly. for the whole world to see,
assuring the international community that it was a chemical warfare agent
created in Iraq. lt later turned out that ail of that was a fake and a sham, and that
Iraq did not have any chemical weapons. lncredible and shocking but true. We
witnessed lies made at the highest state level and voiced from the high UN
rostrum. As a result we see a tremendous loss in human life, damage,
destruction, and a colossal upsurge of terrorism.
Overall, it appears that nearly everywhere, in many regions of the world where
the United States brought its law and order, this created bloody, non-healing
wounds and the curse of international terrorism and extremism. 1 have only
mentioned the most glaring but far from only examples of disregard
for international law.
This array includes promises not to expand NATO eastwards even by an inch.
To reiterate: they have deceived us, or, to put it simply, they have played us. Sure,
one often hears that politics is a dirty business. lt cou Id be, but it shouldn't be
as dirty as it is now, not to such an extent. This type of con-artist behaviour is
contrary not only to the principles of international relations but also and above ail
to the generally accepted norms of morality and ethics. Where is justice and truth
here? Just lies and hypocrisy ail around.
lncidentally, US politicians, political scientists and journalists write and say that
a veritable "empire of lies" has been created inside the United States in recent
years. lt is hard to disagree with this - it is really so. But one should not be
modest aboutit: the United States is still a great country and a system-forming
power. Ali its satellites not only humbly and obediently say yes to and parrot it
at the slightest pretext but also imitate its behaviour and enthusiastically accept
the ru les it is offering them. Therefore, one can say with good reason
and confidence that the whole so-called Western bloc formed by the United
States in its own image and likeness is, in its entirety, the very same "empire
oflies."
As for our country, after the disintegration of the USSR, given the entire
unprecedented openness of the new, modern Russia, its readiness to work
honestly with the United States and other Western partners, and its practically
unilateral disarmament, they immediately tried to put the final squeeze on us,
finish us off, and utterly destroy us. This is how it was in the 1990s and the early
2000s, when the so-called collective West was actively supporting separatism
and gangs of mercenaries in southern Russia. What victims. what lasses we had
to sustain and what trials we had to go through at that time before we broke
the back of international terrorism in the Caucasus! We remember this and will
never forget.
Properly speaking, the attempts to use us in their own interests never ceased
until quite recently: they sought to destroy our traditional values and force on us
their false values that would erode us, our people from within, the attitudes they
have been aggressively imposing on their countries. attitudes that are directly
leading to degradation and degeneration, because they are contrary to hum an
nature. This is not going to happen. No one has ever succeeded in doing this, nor
will they succeed now.
Despite all that, in December 2021, we made yet another attempt to reach
agreement with the United States and its allies on the principles of European
security and NATO's non-expansion. Our efforts were in vain. The United States
has not changed its position. lt does not believe it necessary to agree with Russia
on a matter that is critical for us. The United States is pursuing its own objectives,
while neglecting our interests.
Of course, this situation begs a question: what next, what are we to expect? If
history is any guide, we know that in 1940 and early 1941 the Soviet Union went
to great lengths to prevent war or at least delay its outbreak. To this end,
the USSR sought not to provoke the potential aggressor until the very end
by refraining or postponing the most urgent and obvious preparations it had
to make to defend itself from an imminent attack. When it finally acted, it was too
late.
As a result, the country was not prepared to counter the invasion by Nazi
Germany, which attacked our Motherland on June 22, 1941, without declaring
war. The country stopped the enemy and went on to defeat it. but this came
at a tremendous cost. The attempt to appease the aggressor ahead of the Great
Patriotic War proved to be a mistake which came at a high cost for our people.
ln the first months after the hostilities broke out, we lost vast territories
of strategic importance, as well as millions of lives. We will not make this mistake
the second t ime. We have no right to do so.
Those who aspire to global dominance have publicly designated Russia as their
enemy. They did so with impunity. Make no mistake, they had no reason to act
this way. lt is true that they have considerable financial. scientific, technological,
and military capabilities. We are aware of this and have an objective view
of the economic threats we have been hearing, just as our ability to counter this
brash and never-ending blackmail. Let me reiterate that we have no illusions
in this regard and are extremely realistic in our assessments.
As for military affairs, even after the dissolution of the USSR and losing
a considerable part of its capabilities, today's Russia remains one of the most
powerful nuclear states. Moreover, it has a certain advantage in several cuttingedge
weapons. ln this context. there should be no doubt for anyone that any
potential aggressor will face defeat and ominous consequences should it directly
attack our country.
At the same time, technology, including in the defence sector, is changing rapidly.
One day there is one leader, and tomorrow another, but a military presence
in territories bordering on Russia. if we permit it to go ahead. will stay for decades
to corne or maybe forever, creating an ever mounting and totally unacceptable
threat for Russia.
Even now, with NATO's eastward expansion the situation for Russia has been
becoming worse and more dangerous bythe year. Moreover. these past days
NATO leadership has been blunt in its statements that they need to accelerate
and step up efforts to bring the alliance's infrastructure closer to Russia's
borders. ln other words, they have been toughening their position. We cannot
stay idle and passively observe these developments. This would be an absolutely
irresponsible thing to do for us.
Any further expansion of the North Atlantic alliance's infrastructure
or the ongoing efforts to gain a military foothold of the Ukrainian territory are
unacceptable for us. Of course. the question is not about NATO itself. lt merely
serves as a tool of US foreign policy. The problem is that in territories adjacent
ta Russia, which I have to note is our historical land, a hostile "anti-Russia" is
taking shape. Fully controlled from the outside, it is doing everything to attract
NATO armed forces and obtain cutting-edge weapons.
For the United States and its allies, it is a policy of containing Russia, with
obvious geopolitical dividends. For our country, it is a matter of life and death,
a matter of our historical future as a nation. This is not an exaggeration; this is
a fact. lt is not only a very real threat to our interests but to the very existence
of our state and to its sovereignty. lt is the red line which we have spoken about
on numerous occasions. They have crossed it.
This brings me to the situation in Donbass. We can see that the forces that
staged the coup in Ukraine in 2014 have seized power, are keeping it with
the help of orna mental election procedures and have abandoned the path
of a peaceful conflict settlement. For eight years, for eight endless years we have
been doing everything possible to settle the situation by peaceful political means.
Everything was in vain.
As I said in my previous address, you cannot look without compassion at what is
happening there. lt became impossible to tolerate it. We had to stop that atrocity,
that genocide of the millions of people who live there and who pinned their hopes
on Russia, on ail of us. lt is their aspirations, the feelings and pain of these
people that were the main motivating force behind our decision to recognise
the independence of the Donbass people's republics.
1 would like to additionally emphasise the following. Focused on their own goals,
the leading NATO countries are supporting the far-right nationalists and neoNazis
in Ukraine, those who will never forgive the people of Crimea
and Sevastopol for freely making a choice to reunite with Russia.
They will undoubtedly try to bring war to Crimea just as they have done
in Donbass, to kill innocent people just as members of the punitive units
of Ukrainian nationalists and Hitler's accomplices did du ring the Great Patriotic
War. They have also openly laid claim to several other Russian regions.
If we look at the sequence of events and the incoming reports, the showdown
between Russia and these forces cannot be avoided. lt is only a matter of time.
They are getting ready and waiting for the right moment. Moreover. they went
as far as aspire to acquire nuclear weapons. We will not let this happen.
1 have already said that Russia accepted the new geopolitical reality after
the dissolution of the USSR. We have been treating ail new post-Soviet states
with respect and will continue to act this way. We respect and will respect their
sovereignty, as proven by the assistance we provided to Kazakhstan when it
faced tragic events and a challenge in terms of its statehood and integrity.
However, Russia cannot feel safe. develop, and exist while facing a permanent
threat from the territory of today's Ukraine.
Let me remind you that in 2000-2005 we used our military to push back against
terrorists in the Caucasus and stood up for the integrity of our state. We
preserved Russia. ln 2014, we supported the people of Crimea and Sevastopol.
ln 2015, we used our Armed Forces to create a reliable shield that prevented
terrorists from Syria from penetrating Russia. This was a matter of defending
ourselves. We had no other choice.
The same is happening today. They did not leave us any other option
for defending Russia and our people. other than the one we are forced to use
today. ln these circumstances. we have to take bold and immediate action.
The people's republics of Donbass have asked Russia for help.
ln this context, in accordance with Article 51 (Chapter VII} of the UN Charter, with
permission of Russia's Federation Council, and in execution of the treaties
of friendship and mutual assistance with the Donetsk People's Republic
and the Lugansk People's Republic, ratified by the Federal Assembly
on February 22, 1 made a decision to carry out a special military operation.
The purpose of this operation is to protect people who, for eight years now. have
been facing humiliation and genocide perpetrated bythe Kiev regime. To this end,
we will seek to demilitarise and denazify Ukraine. as well as bring to trial those
who perpetrated numerous bloody crimes against civilians, including against
citizens of the Russian Federation.
lt is not our plan to occupy the Ukrainian territory. We do not intend to impose
anything on anyone by force. At the same time, we have been hearing
an increasing number of statements coming from the West that there is no need
any more to a bide by the documents setting forth the outcomes of World War Il,
as signed by the totalitarian Soviet regime. How can we respond to that?
The outcomes of World War Il and the sacrifices our people had to make to defeat
Nazism are sacred. This does not contradict the high values of human rights
and freedoms in the reality that emerged over the post-war decades. This does
not mean that nations cannot enjoy the right to self-determination. which is
enshrined in Article 1 of the UN Charter.
Let me remind you that the people living in territories which are part of today's
Ukraine were not asked how they want to build their lives when the USSR was
created or after World War Il. Freedom guides our policy, the freedom to choose
independently our future and the future of our children. We believe that all
the peoples living in today's Ukraine. anyone who want to do this, must be able
to enjoy this right ta make a free choice.
ln this context I would like to address the citizens of Ukraine. ln 2014. Russia was
obliged to protect the people of Crimea and Sevastopol from those who you
yourself call ''nats.'' The people of Crimea and Sevastopol made their choice
in favour of being with their historical homeland, Russia, and we supported their
choice. As I said, we cou Id not act otherwise.
The current events have nothing to do with a desire to infringe on the interests
of Ukraine and the Ukrainian people. They are connected with the defending
Russia from those who have ta ken Ukraine hostage and are trying to use it
against our country and our people.
1 reiterate: we are acting to defend ourselves from the threats created for us
and from a worse peril than what is happening now. 1 am asking you, however
hard this may be, to understand this and to work together with us so as to turn
this tragic page as soon as possible and to move forward together, without
allowing anyone ta interfere in our affairs and our relations but developing them
independently, sa as to create favourable conditions for overcoming all these
problems and to strengthen us from within as a single whole, despite
the existence of state borders. 1 believe in this, in our corn mon future.
1 would also like to address the military personnel of the Ukrainian Armed Forces.
Comrade officers.
Your fathers, grandfathers and great-grandfathers did not fight the Nazi occupiers
and did not defend our corn mon Motherland to allow today's nec-Nazis to seize
power in Ukraine. You swore the oath of allegiance to the Ukrainian people
and not to the junta, the people's adversary which is plundering Ukraine
and humiliating the Ukrainian people.
1 urge you to refuse to carry out their criminal orders. 1 urge you to immediately lay
down arms and go home. 1 will expia in what this means: the military personnel
of the Ukrainian army who do this will be able to freely leave the zone
of hostilities and return to their families.
1 want to emphasise aga in that all responsibility for the possible bloodshed will lie
fully and wholly with the ruling Ukrainian regime.
1 would now like to say something very important for those who may be tempted
to interfere in these developments from the outside. No matter who tries to stand
in our way or ail the more so create threats for our country and our people, they
must know that Russia will respond immediately, and the consequences will be
such as you have never seen in your entire history. No matter how the events
unfold, we are ready. Ail the necessary decisions in this regard have been ta ken.
1 hope that my words will be heard.
Citizens of Russia,
The culture and values, experience and traditions of our ancestors invariably
provided a powerful underpinning for the wellbeing and the very existence
of entire states and nations. their success and viability. Of course. this directly
depends on the ability to quickly adapt to constant change, maintain social
cohesion, and readiness to consolidate and summon all the available forces
in order to move forward.
We always need ta be strong, but this strength can take on different forrns.
The "empire of lies," which I mentioned in the beginning of my speech. proceeds
in its policy primarily from rough, direct force. This is when our saying on being
"ail brawn and no brains" applies.
We ail know that havingjustice and truth on our side is what makes us truly
strong. If this is the case, it would be hard to disagree with the fact that it is our
strength and our readiness to fight that are the bedrock of independence
and sovereignty and provide the necessary foundation for building a reliable
future for your home, your family, and your Motherland.
Dear compatriots,
1 am certain that devoted soldiers and officers of Russia's Armed Forces will
perform their duty witl1 professionalism and courage. 1 have no doubt that
the government institutions at all levels and specialists will work effectively
to guarantee the stability of our economy, financial system and social wellbeing,
and the same applies to corporate executives and the entire business
community. 1 hope that all parliamentary parties and civil society take
a consolidated. patriotic position.
At the end of the day, the future of Russia is in the hands of its multi-ethnic
people, as has always been the case in our history. This means that the decisions
that I made will be executed, that we will achieve the goals we have set,
and reliably guarantee the security of our Motherland.
1 believe in your support and the invincible force rooted in the love for our
Fatherland.
Publication status Published in sections: News. Transcripts
Publication date: February 24. 2022. 06:00
Direct link: en.krernlin.ru/ d/67843
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Document file FR
Document Long Title

Document (with annexes) from the Russian Federation setting out its position regarding the alleged “lack of jurisdiction” of the Court in the case

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