The Republic of Croatia Wednesday filed a declaration of intervention in the International Court of Justice (ICJ) case of Ukraine v. Russian Federation under Article 63 of the ICJ Statute. Human rights experts worldwide have accused Russia of genocide since its invasion of Ukraine. Amnesty International documented that more than 14 million people have been uprooted by the conflict, and close to six million have fled to neighboring countries as refugees.
On February 26, 2022, Ukraine instituted proceedings against Russia before the ICJ, alleging that the Russian Federation’s declaration and implementation of measures in or against Ukraine in the form of a “special military operation” as declared on 24 February 2022 on the basis of alleged genocide, is incompatible with the Geneva Convention. It further alleged that “it appears that it is Russia planning acts of genocide in Ukraine”, wherein Russia is “intentionally killing and inflicting serious injury on members of the Ukrainian nationality.” Last month only, Ukraine’s Ministry of Defense discovered a grave-site containing more than 440 unmarked graves in the Izyum forest.
Article 63 of the Statute of the ICJ, stipulates “the right to intervene in the proceedings,” with the caveat that “the construction given by the judgment will be equally binding” upon an intervening State, not just the States directly party to the dispute. However, a declaration to intervene doesn’t necessarily mean that the ICJ will take the views of the intervening States into account; the Court must first rule on the admissibility of the interventions. It is part of a procedural matter. The parties to the case are given an opportunity to “furnish their written observations” on a declaration of intervention, and the Court then decides whether the “declaration is admissible”.
In its declaration, Croatia states that “it is its understanding that the Genocide Convention is of the utmost importance to prevent and punish genocide”. It observes that “the prohibition against genocide is a jus cogens norm in international law” and that “the rights and obligations enshrined in the Convention are owed to the international community as a whole (rights and obligations erga omnes partes)”.
Raoul Wallenberg Centre for Human Rights published an independent legal analysis of Russian breaches of the Genocide Convention. Earlier this week, the Grand Duchy of Luxembourg and the Hellenic Republic also filed the intervention, joining Greece, Austria, Portugal, Australia, Spain, Poland, Denmark, Italy, France, Romania, Sweden, USA, UK, New Zealand, Germany, Lithuania and Latvia.
