The International Court of Justice (ICJ) is the principal judicial body of the United Nations. It hears legal disputes between countries—but only if they consent to its jurisdiction. On Feb. 26, 2022, Ukraine, citing Articles 36(1) and 40 of the ICJ's Statute and Article 38 of its Rules, filed an "Application Instituting Proceedings" against Russia. Because neither have consented to ICJ jurisdiction, Ukraine had to assert a rationale for the court to accept jurisdiction. It did so on the grounds that both countries are parties to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, of which Article IX provides that disputes between parties shall be submitted to the ICJ.

Ukraine's Application asserts that Russia's claim that Ukraine committed genocide in its Luhansk and Donetsk regions is false, as well as its claim that it started a "special military operation" against Ukraine to prevent these purported acts of genocide. Ukraine's Application seeks an ICJ decision that "Russia has no lawful basis to take action in and against Ukraine for the purpose of preventing and punishing any purported genocide." Russia obviously opposed Ukraine's Application arguing the court lacked jurisdiction.