Declarations of intervention under Article 63 of the Statute of the Court for the purposes of the merits stage of the proceedings

 

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Press Release 
Unofficial

No. 2024/59 

6 August 2024

Allegations of Genocide under the Convention on the Prevention and Punishment
of the Crime of Genocide (Ukraine v. Russian Federation)

Declarations of intervention under Article 63 of the Statute of the Court
for the purposes of the merits stage of the proceedings

THE HAGUE, 6 August 2024. In its Judgment of 2 February 2024, the Court found that it had
jurisdiction to examine the request of Ukraine that the Court “[a]djudge and declare that there is no
credible evidence that Ukraine is responsible for committing genocide in violation of the Genocide
Convention in the Donetsk and Luhansk oblasts of Ukraine”. 

Further to this Judgment, by a letter dated 18 June 2024, the Registrar invited those States that 
had previously filed declarations of intervention pursuant to Article 63 of the Statute of the Court, to
indicate, by 2 August 2024, whether they wished to file a new declaration, maintain their original
declaration or, if necessary, file an adjusted declaration. 

Pursuant to Article 63 of the Statute, whenever the construction of a convention to which 
States other than those concerned in the case are parties is in question, each of those States has the
right to intervene in the proceedings. If they do so, the construction given by the judgment of the
Court will be equally binding upon them. 
By 2 August 2024, 
⎯ Six States had indicated to the Registrar of the Court that they wish to maintain their declarations
of intervention without adjustments (in order of receipt of notification): Romania; Portugal;
France; Canada and the Netherlands (jointly); and Italy; 
⎯ Eight States had filed adjusted declarations of intervention (in order of receipt): Lithuania;
Latvia; New Zealand; Luxembourg; Sweden; Australia; the United Kingdom of Great Britain
and Northern Ireland; and Denmark; and 
⎯ Nine States had filed new declarations of intervention (in order or receipt): Poland (see press
release No. 2024/58); Spain; Estonia; Germany; Austria, Czechia, Finland and Slovenia
(jointly); and Bulgaria. 

In accordance with Article 83, paragraph 1, of the Rules of Court, Ukraine and the Russian 
Federation have been invited to furnish written observations on the admissibility of these declarations
of intervention at the merits stage. If one of the Parties objects to the admissibility of the declarations 
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of intervention, there will be a further round of written observations, in accordance with Article 84,
paragraph 2, of the Rules. Thereafter, the Court will decide on the admissibility of the declarations
of intervention at the merits stage. 

The texts of all these declarations of intervention are available on the case page on the Court’s 
website. 

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History of the proceedings 
On 26 February 2022, Ukraine filed in the Registry of the Court an Application instituting
proceedings against the Russian Federation concerning “a dispute . . . relating to the interpretation,
application and fulfilment of the 1948 Convention on the Prevention and Punishment of the Crime
of Genocide” (the “Genocide Convention”). 
Ukraine contends, inter alia, that  
“the Russian Federation has falsely claimed that acts of genocide have occurred in the
Luhansk and Donetsk oblasts of Ukraine, and on that basis recognized the so-called
‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’, and then declared and
implemented a ‘special military operation’ against Ukraine”. 
Ukraine “emphatically denies” that such acts of genocide have occurred and states that it submitted
the Application “to establish that Russia has no lawful basis to take action in and against Ukraine for
the purpose of preventing and punishing any purported genocide”. 
As basis for the Court’s jurisdiction, Ukraine invokes Article 36, paragraph 1, of the Statute
of the Court and Article IX of the Genocide Convention, to which both States are parties. 

Together with the Application, Ukraine submitted a Request for the indication of provisional 
measures with reference to Article 41 of the Statute of the Court and to Articles 73, 74 and 75 of the
Rules of Court. By an Order dated 16 March 2022, the Court indicated certain provisional measures.
In particular, it ordered the Russian Federation to immediately suspend the military operations that
it commenced on 24 February 2022 in the territory of Ukraine and to ensure that any military or
irregular armed units which may be directed or supported by it, as well as any organizations and
persons which may be subject to its control or direction, take no steps in furtherance of such military
operations. The Court further directed both Parties to refrain from any action which might aggravate
or extend the dispute before the Court or make it more difficult to resolve. 
By an Order dated 23 March 2022, the Court fixed 23 September 2022 and 23 March 2023 as
the respective time-limits for the filing of the Memorial of Ukraine and the Counter-Memorial of the
Russian Federation. The Memorial of Ukraine was filed on 1 July 2022. 
On 3 October 2022, the Russian Federation raised preliminary objections to the jurisdiction of
the Court and to the admissibility of the Application. Consequently, in accordance with Article 79bis,
paragraph 3, of the Rules of Court, the proceedings on the merits were suspended. By an Order dated
7 October 2022, the Court fixed 3 February 2023 as the time-limit within which Ukraine could
present a written statement of its observations and submissions on the preliminary objections raised
by the Russian Federation. Ukraine filed its written statement within the time-limit thus fixed. 
Between 21 July 2022 and 15 December 2022, 33 States filed declarations of intervention in
the case, pursuant to Article 63, paragraph 2, of the Statute of the Court. By an Order dated 5 June 
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2023, the Court decided that the declarations submitted by 32 States were admissible at the
preliminary objections stage of the proceedings. By the same Order, it fixed 5 July 2023 as the
time-limit for the filing of written observations by those States on the subject-matter of the
interventions. Thirty-one intervening States filed written observations within this time-limit. The
declarations and written observations can be found on the Court’s website. 

Public hearings on the preliminary objections raised by the Russian Federation were held 
between 18 and 27 September 2023. Thirty-two intervening States presented oral observations at the
hearings. 
On 2 February 2024, the Court rendered its Judgment on the preliminary objections in which
it found that it had jurisdiction to examine the claim of Ukraine requesting the Court to “[a]djudge
and declare that there is no credible evidence that Ukraine is responsible for committing genocide in
violation of the Genocide Convention in the Donetsk and Luhansk oblasts of Ukraine”, and that the
claim was admissible. The case could therefore proceed to the merits. 
By an Order also dated 2 February 2024, the Court fixed 2 August 2024 as the new time-limit
for the filing of the Counter-Memorial of the Russian Federation. By an Order dated 30 July 2024,
this time-limit was extended to 16 September 2024. 

Earlier press releases relating to this case are available on the Court’s website. 
The French version of this press release will be issued in due course. 
___________

Note: The Court’s press releases are prepared by its Registry for information purposes only
and do not constitute official documents.

___________

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. 
It was established by the United Nations Charter in June 1945 and began its activities in April 1946.
The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the
Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague
(Netherlands). The Court has a twofold role: first, to settle, in accordance with international law,
legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions
referred to it by duly authorized United Nations organs and agencies of the system.

___________ 
Information Department: 
Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336
Ms Joanne Moore, Information Officer: +31 (0)70 302 2337 
Email: [email protected]