Report on Russian Genocide in Ukraine - New Lines Institute and Raoul Wallenberg Foundation

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Legal Framework for State Responsibility

1. The Genocide Convention

The crime of genocide is codified under international law in the Genocide Convention, a treaty that the Soviet Union (now Russian Federation; hereafter, Russia) ratified in 1954.15 Russia’s obligations under the Genocide Convention are erga omnes, or owed to the international community as a whole, which stems from the jus cogens status of the prohibition of genocide.16 The Genocide Convention provides for criminal liability of individuals for genocide and related acts, while States can be held responsible for such acts under a distinct, though at times overlapping, legal framework.

15 The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) was adopted by unanimous vote, U.N. General Assembly resolution 260 (III) of 9 December 1948, https://www.un.org/en/genocideprevention/documents/atrocitycrimes/Doc.1_Convention%20on%20the%20Prevention%20and% 20Punishment%20of%20the%20Crime%20of%20Genocide.pdf. There are currently 152 States parties, “Status of Treaties: Convention on the Prevention and Punishment of the Crime of Genocide,” United Nations Treaty Collection, https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV1&chapter=4&clang=_en#33.

16 Application of the Convention on the Prevention and Punishment of the Crime of Genocide, Preliminary Objections, Judgment, 1.C.J Reports 1996, p. 595, at para. 31; see also Report of the International Law Commission on the work of its 53rd session (2001) at 112-113, Report of the International Law Commission on the work of its fifty-third session (23 April–1 June and 2 July–10 August 2001) (n.d.), at 112-113, https://legal.un.org/ilc/documentation/english/reports/a_56_10.pdf. 

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Executive Summary

This report is an update of the New Lines Institute and Raoul Wallenberg Centre for Human Rights independent inquiry, An Independent Legal Analysis of the Russian Federation’s Breaches of the Genocide Convention in Ukraine and the Duty to Prevent, released in May 2022. 

This report upholds and expands the previous findings that the Russia Federation bears State responsibility for breaches of the Convention on the Prevention and Punishment of the Crime of Genocide in its full-scale invasion of Ukraine, namely, that there exist:

(1) Reasonable grounds to believe that Russia is responsible for direct and public incitement to commit genocide,

(2) Reasonable grounds to believe that Russia is responsible for the commission of genocide against the Ukrainian national group, a position supported by (i) a pattern of atrocities from which an inference of intent to destroy the Ukrainian national group in part can be drawn and (ii) documented evidence of one or more of the prohibited acts in violation of the Genocide Convention, and

(3) Signs of serious, escalating genocide and genocidal incitement in Ukraine:

1. The legal obligation of all States to prevent genocide was triggered by the spring

   of 2022.

2. Increasing signs of systematic, coordinated efforts by Russian State actors to

   incite and to commit genocide have appeared.

3. Russian State actors have further escalated their willful, systematic breaches of

   the Genocide Convention.

The report concludes that State Parties to the Genocide Convention must redouble their efforts to meet their corresponding legal obligations. They must recognize that as Russia’s genocidal tactics evolve, international efforts to prevent further genocidal acts and protect the Ukrainian national group must meet these changing challenges.