INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
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Press Release
Unofficial
No. 2025/5
31 January 2025
Allegations of Genocide under the Convention on the Prevention and Punishment
of the Crime of Genocide (Ukraine v. Russian Federation)
Counter-claims made by the Russian Federation
THE HAGUE, 31 January 2025. On 18 November 2024, the Russian Federation filed its
Counter-Memorial, which contained counter-claims, in the case concerning Allegations of Genocide
under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v.
Russian Federation). Ukraine subsequently objected to the admissibility of the counter-claims.
In accordance with Article 80, paragraph 3, of the Rules of Court, the Court has invited
Ukraine and the Russian Federation to submit their views on the matter by 20 May 2025 and
22 September 2025, respectively. It will then be for the Court to decide whether the counter-claims
are admissible.
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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”.
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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.
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
2023, the Court decided that the declarations submitted by 32 States were admissible at the
preliminary objections stage of the proceedings.
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 time-limit for
the filing of the Counter-Memorial of the Russian Federation. By Orders dated 30 July 2024 and
9 September 2024, this time-limit was extended to 16 September 2024 and then to 18 November
2024.
In a press release dated 6 August 2024, the Court announced that 23 States had filed new or
adjusted declarations of intervention under Article 63 of the Statute for the purposes of the merits
stage of the proceedings, or had indicated their intention to maintain their declarations of intervention
filed at the preliminary objections stage, without adjustments. One such State, Poland, has also filed
an application for permission to intervene under Article 62 of the Statute.
Earlier press releases relating to this case are available on the Court’s website.
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Note: The Court’s press releases are prepared by its Registry for information purposes only
and do not constitute official documents.
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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.
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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
Ms Anna Bonini, Associate Information Officer: +31 (0)70 302 2419
Email: [email protected]
Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) - Counter-claims made by the Russian Federation