Canada and the Netherlands File 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 December 7th, 2022, Canada and the Netherlands filed a joint 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. 

As parties to the Genocide Convention and considering the peremptory nature of the prohibition of genocide and its obligations which are applicable to all (erga omnes), “given their common interest in the accomplishment of the high purposes of the Convention, as well as their consequent interest in its construction, Canada and the Netherlands have decided to intervene in this case in order to place their interpretation of the relevant provisions of the Convention before the Court”. Both Ukraine and the Russian Federation may now offer written observations on the declaration of intervention. 

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), Canada and the Kingdom of the Netherlands file a joint declaration of intervention in the proceedings under Article 63 of the Statute’ (7 December 2022) 2022/70. 

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