The United States Becomes Sixth Nation to file Declaration of Intervention in Ukraine’s Genocide Case against Russia before the International Court of Justice

09-09-2022

Ryan Haigh

International Justice and Human Rights Researcher

Global Human Rights Defence

On 8 September 2022, the United States filed a Declaration of Intervention in Ukraine’s case against the Russian Federation for alleged violations of the Genocide Convention before the International Court of Justice. [1]  The basis for the United States’ intervention is that 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 all State signatories to the Convention, including the United States.

While the United States’ filing has yet to be made public, it is anticipated that it will mirror the assertions made by the other nations which have intervened thus far - Latvia, Lithuania, New Zealand, the United Kingdom, and Germany. The Declarations of Intervention made by these 5 nations emphasize 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. 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. Additionally, these declarations invoke the international community’s shared interest in the rights and duties memorialized in the Genocide Convention. Thus far, it seems that this sentiment continues to encourage other nations to file their own declarations of intervention in this matter. 

Ukraine’s underlying case is based upon Russian President Vladimir Putin’s assertion 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. This claim is considered to be baseless by the vast majority of States in the international community.  In fact, 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] Information Department Press Release, ‘The United States of America Files a Declaration of Intervention in the Proceedings “Allegations of Genocide Under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russia)” Under Article 63 of the Rome Statute’ (International Court of Justice, 9 September 2022) </https://www.icj-cij.org/public/files/case-related/182/182-20220908-PRE-01-00-EN.pdf> accessed 9 September 2022.