Corte Internazionale di Giustizia-Ucraina/Italia

For the original press release please follow this link.

No. 2022/38 16 September 2022

Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) The Italian Republic files a declaration of intervention in the proceedings under Article 63 of the Statute

 

THE HAGUE, 16 September 2022. Yesterday, the Italian Republic, invoking Article 63 of the Statute of the Court, filed in the Registry of the Court a declaration of intervention in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation).

Pursuant to Article 63 of the Statute, whenever the construction of a convention to which States other than those concerned in the case are parties is in question, each of these States has the right to intervene in the proceedings. In this case, the construction given by the judgment of the Court will be equally binding upon them.

To avail itself of the right of intervention conferred by Article 63 of the Statute, Italy relies on its status as a party to the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”). In its declaration of intervention, Italy emphasizes that the case “raises crucial issues concerning the interpretation and application of the Genocide Convention”, which contains “erga omnes obligations, which are evidentiary of the jus cogens character of the international norm on the prohibition to commit genocide”. It adds that, “[s]ince according to their erga omnes nature the obligations enshrined in the Convention are owed to all its Parties, all Parties have an interest in their correct interpretation, application and fulfilment”.

In accordance with Article 83 of the Rules of Court, Ukraine and the Russian Federation have been invited to furnish written observations on Italy’s declaration of intervention.

Italy’s declaration of intervention will be available on the Court’s website shortly.

 

History of the proceedings

The history of the proceedings can be found in press releases Nos. 2022/4, 2022/6, 2022/7, 2022/11, 2022/25, 2022/26, 2022/27, 2022/28, 2022/29, 2022/31, 2022/33, 2022/34, 2022/35, 2022/36 and 2022/37, available on the Court’s website.

Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, through judgments which have binding force and are without appeal for the parties concerned, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.

 

Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)

Ms Joanne Moore, Information Officer (+31 (0)70 302 2337)

Mr. Avo Sevag Garabet, Associate Information Officer (+31 (0)70 302 2394)

Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)

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