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27Sep23

Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide
(Ukraine v. Russian Federation: 32 States intervening)

Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation: 32 States intervening)

Conclusion of the public hearings

THE HAGUE, 27 September 2023. The public hearings on the preliminary objections raised by the Russian Federation in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation: 32 States intervening) concluded today at the Peace Palace in The Hague, the seat of the Court.

During the hearings, which opened on 18 September 2023, the delegation of the Russian Federation was led by HE Mr Gennady Kuzmin, Ambassador-at-Large, Ministry of Foreign Affairs of the Russian Federation, HE Mr Alexander Shulgin, Ambassador of the Russian Federation to the Kingdom of the Netherlands and HE Ms Maria Zabolotskaya, Deputy Permanent Representative of the Russian Federation to the United Nations, as Agents. The delegation of Ukraine was led by HE Mr Anton Korynevych, Ambassador-at-Large, Ministry of Foreign Affairs of Ukraine, as Agent.

The Court will now begin its deliberation.

The Court’s decision will be delivered at a public sitting, the date of which will be announced in due course.

Submissions of the Parties

At the end of the hearings, the Agents of the Parties presented the following submissions to the Court:

For the Russian Federation:

    “Having regard to the arguments set out in the Preliminary Objections of the Russian Federation and during the oral proceedings, the Russian Federation respectfully requests the Court to adjudge and declare that it lacks jurisdiction over the claims brought by Ukraine against the Russian Federation in the present proceedings, and/or that Ukraine’s claims are inadmissible.”

For Ukraine:

    “On the basis of the facts and legal arguments presented in its written and oral pleadings, Ukraine respectfully requests the Court to:
    (a) Dismiss the Preliminary Objections filed by the Russian Federation on 3 October 2022;
    (b) Adjudge and declare that the Court has jurisdiction to hear the claims presented by Ukraine as set forth in its Application and Memorial, and that those claims are admissible; and
    (c) Proceed to hear those claims on the merits.”

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”).

In its Application, Ukraine seeks to base the Court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article IX of the Genocide Convention. A summary of the Application instituting proceedings can be found in press release No. 2022/4 on the Court’s website.

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 provisional measures.

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 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.

On Wednesday 20 September 2023, the following 32 States presented their oral observations to the Court: Austria, Czechia, Liechtenstein and Slovakia (jointly), Belgium, Croatia, Denmark, Estonia, Finland, Ireland, Luxembourg, Romania and Sweden (jointly), Canada and the Netherlands (jointly), Germany, Australia, Bulgaria, Cyprus, Spain, France, Greece, Italy, Latvia, Lithuania, Malta, Norway, New Zealand, Poland, Portugal, the United Kingdom and Slovenia. Earlier press releases relating to this case are available on the Court’s website.

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.
[Source: Press Release No. 2023/9, International Court of Justice, The Hague, 27Sep23]
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