Order of 9 September 2024

9 SEPTEMBRE 2024
ORDONNANCE
ALLÉGATIONS DE GÉNOCIDE AU TITRE DE LA CONVENTION POUR LA PRÉVENTION ET LA RÉPRESSION DU CRIME DE GÉNOCIDE (UKRAINE c. FÉDÉRATION DE RUSSIE)
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ALLEGATIONS OF GENOCIDE UNDER THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (UKRAINE v. RUSSIAN FEDERATION)
9 SEPTEMBER 2024
ORDER
INTERNATIONAL COURT OF JUSTICE
YEAR 2024
2024
9 September 2024
General List
No. 182
9 September 2024
ALLEGATIONS OF GENOCIDE UNDER THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE
(UKRAINE v. RUSSIAN FEDERATION)
ORDER
The President of the International Court of Justice,
Having regard to Article 48 of the Statute of the Court and to Article 44, paragraphs 3 and 4, of the Rules of Court,
Having regard to the Order of 2 February 2024, whereby the Court fixed 2 August 2024 as the time-limit for the filing of the Counter-Memorial of the Russian Federation,
Having regard to the Order of 30 July 2024, whereby the President of the Court, at the request of the Respondent, extended to 16 September 2024 the time-limit for the filing of the Counter-Memorial of the Russian Federation;
Whereas, by a letter dated 2 September 2024, the Agent of the Russian Federation inter alia requested the Court to grant a further extension of the time-limit for the filing of the Counter-Memorial until 2 February 2025; whereas, in his letter, the Agent reiterated the arguments advanced by his Government for its previous request for a six-month extension and stated that the six-week extension granted by the President on 30 July 2024 was “manifestly insufficient” in light of the complexity of the case and the fact that the Russian Federation concurrently had to prepare written observations on the admissibility of Declarations of intervention under Article 63 of the Statute submitted by 23 States and on the Application for permission to intervene under Article 62 of the Statute submitted by the Republic of Poland; whereas the Agent set out further reasons for the renewed request, in particular, that the current time frame for the filing of the Counter-Memorial was inconsistent with the ordinary practice of the Court, notably in cases concerning allegations of genocide, that the “special context” invoked by Ukraine could not justify curtailing the Russian
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Federation’s procedural rights, including its right to collect and present evidence, that additional time was required in light of the fact that the Russian Federation would also be presenting counter-claims, and that the Court should take into account that the Parties were currently engaged in parallel proceedings before other international fora;
Whereas, on receipt of that letter, the Acting Registrar immediately transmitted a copy thereof to Ukraine, in accordance with Article 44, paragraph 3, of the Rules of Court;
Whereas, by a letter dated 5 September 2024, the Agent of Ukraine stated that his Government was of the view that the request for a further extension of the time-limit for the filing of the Counter-Memorial should be rejected as the Russian Federation relied on the same arguments that the President of the Court had already considered when reaching a decision on the Respondent’s earlier request; whereas, in his letter, the Agent reiterated that it would be inappropriate to grant a further extension in light of the ongoing aggression of the Russian Federation and its disregard of the provisional measures indicated in the case, and emphasized that the Russian Federation should be presumed to already possess the evidence necessary for its Counter-Memorial given that the Russian Federation “commenced a full-scale invasion” of Ukraine on the basis of an alleged genocide taking place in that country;
Taking into account the views of the Parties,
Extends to 18 November 2024 the time-limit for the filing of the Counter-Memorial of the Russian Federation; and
Reserves the subsequent procedure for further decision.
Done in French and in English, the French text being authoritative, at the Peace Palace, The Hague, this ninth day of September, two thousand and twenty-four, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of Ukraine and the Government of the Russian Federation, respectively.
(Signed) Nawaf SALAM,
President.
(Signed) Philippe GAUTIER,
Registrar.
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