That case should be pursued. And seeing as Russia is in breach of umpteen bits of UN charter, it should just be evicted STAT, and a combined UN force sent into Ukraine. But that is also wishful thinking as (a) China would never agree and (b) a UN force would be treated as a NATO force (or worse) by Putin and he would be more likely to press the button - he would see Russia being tossed out of the UN as an existential threat to Russia itself.