ICJ Intervention: Russia-Ukraine Case Sees Renewed Declarations

The ongoing International Court of Justice (ICJ) case brought by Ukraine against Russia over allegations of genocide in the Donetsk and Luhansk regions has seen renewed international attention. According to a recent ICJ press release, 23 states have updated or renewed their declarations of intervention. This case, initiated by Ukraine on February 26, 2022, contests Russia’s claims of Ukrainian genocidal actions, which Russia used to justify its military operations in these regions.

Renewed and Amended Declarations:

• 23 states have either renewed or amended their declarations of intervention.
• Six states have maintained their original declarations without changes.
• Eight states have submitted amended declarations.
• Nine states have filed new declarations of intervention.

Invitations for Observations

• Ukraine and Russia have been invited to submit written observations on the admissibility of these declarations under Article 83 of the ICJ rules of court.
• If there are objections from either party, a further round of observations will follow before the court decides on admissibility.

Case Background and Procedural Developments

• The case was filed by Ukraine on February 26, 2022, challenging Russia’s claim of Ukrainian genocidal acts in Luhansk and Donetsk.
• Russia cited these allegations as the basis for its “special military operation” and invasion.
• On March 16, 2022, the ICJ issued provisional measures ordering Russia to immediately suspend military operations in Ukraine.
• Throughout 2022 and 2023, there were extensive procedural developments, including preliminary objections by Russia, numerous declarations of intervention by third states, and public hearings.

Jurisdiction and Participation

• The ICJ, in its judgment on February 2, 2024, affirmed its jurisdiction to hear Ukraine’s claims and confirmed its authority to adjudicate the dispute under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
• Following this judgment, the ICJ Registrar invited states that had previously submitted declarations of intervention to confirm their participation by August 2, 2024.
• Under Article 63 of the ICJ Statute, states parties to a convention have the right to intervene in proceedings even if they are not directly involved in the case.