Sweden Latest in Host of Nations Seeking to Intervene on Behalf of Ukraine in its Genocide Case against Russia

Sweden Latest in Host of Nations Seeking to Intervene on Behalf of Ukraine in its Genocide Case against Russia
Photo by Yeu Ninje via Wikimedia

13-09-2022

Ryan Haigh

International Justice and Human Rights Researcher

Global Human Rights Defence

On September 9, 2022, Sweden became the seventh nation to file a Declaration of Intervention in Ukraine’s case against the Russian Federation. [1] Latvia, Lithuania, New Zealand, the UK, Germany, and the USA previously filed similar declarations. Ukraine’s case is in response to Russian President Vladimir Putin’s declaration that Russia’s invasion of Ukraine was made to put an end to the alleged Ukrainian-led genocide in the Donbas region of the country. Ukraine asserts that Russia’s claims are false.  Much of the international community views Russia’s claim as a pretext for Russia’s military aggression in Ukraine.

The case deals with the interpretation of provisions of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which could have legal implications for State signatories to the Convention, including Sweden and the other intervenors. In its Declaration, Sweden emphasizes that the Convention creates erga omnes obligations on State parties and that the prohibition of genocide has risen to the level of a jus cogens norm under international law.[2] A jus cogens norm is considered a fundamental principle of law, by which all States must abide.  At issue are matters of jurisdiction – i.e., whether the ICJ has proper jurisdiction over the case, as well merits issues - such as the elements of the crime of genocide, and the extent of States’ duties to prevent and punish genocide. Sweden’s filing invokes the international community’s common interest in the rights and duties enshrined in the Convention, perhaps encouraging other nations to intervene. [3]

Human rights experts in Ukraine have accused Russia of engaging in genocide during its invasion and occupation. On March 16, 2022, as a provisional measure, the ICJ ordered Russia to suspend all military activity in Ukraine. Thus far, this order has been summarily ignored by President Putin.

Notes:

[1] Allegations of Genocide Under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russia), Declaration of Intervention of the Government of Sweden of 9 September 2022. <https://www.icj-cij.org/public/files/case-related/182/182-20220909-WRI-01-00-EN.pdf>.

[2] Ibid [11], [36].

[3] Ibid.