Bulgaria Files Declaration of Intervention at ICJ in Allegations of Genocide Case (Ukraine v. Russian Federation)

Alice Versini-O’Donnell 

International Justice and Human Rights Researcher

Global Human Rights Defence

On November 18th, 2022, Bulgaria filed a declaration of intervention under Article 63 of the Statute of the International Court of Justice in the proceedings of Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), instituted on February 26th, 2022. Under Article 63, “whenever the construction of a convention to which states other than those concerned in the case are parties is in question”, those states have the right to intervene in the proceedings, and the construction given by the judgement will be binding upon them. 

The prohibition of genocide is a peremptory norm of international law with obligations which are applicable to all (erga omnes), protecting essential humanitarian values. In light of this, and “[g]iven the essential function of the prohibition of genocide in ensuring the interests of humanity and the erga omnes nature of the rights and obligations of States under the [Genocide] Convention, as a Contracting Party the Republic of Bulgaria has a direct interest in the construction that might be placed by the Court on the relevant provisions of the Convention and wishes to observe the consistent interpretation, application and fulfulment of the Convention among all Contracting Parties”. [1] Both Ukraine and the Russian Federation may now offer written observations on Bulgaria’s declaration of intervention. 

Notes: 

[1] Declaration of Intervention of the Republic of Bulgaria, Intervention Pursuant to Article 63 of the Statute of the International Court of Justice in the Case Concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), 11 November 2022, 11. 

Sources and further reading: 

International Court of Justice Press Release, ‘Allegations of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), The Republic of Bulgaria files a declaration of intervention in the proceedings under Article 63 of the Statute’ (18 November 2022) 2022/64. 

Statute of the International Court of Justice (adopted 26 June 1945, entered into force 24 October 1945) 15 UNCIO 355.