Monday, September 5, 2022

Germany Intervenes in Ukraine's Genocide Case Against the Russian Federation

The Federal Republic of Germany, invoking Article 63 of the Statute of the International Court of Justice, 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).

Germany joins several other countries that have also filed declarations of intervention, including Latvia, Lithuania, New Zealand, and the United Kingdom.

Pursuant to Article 63 of the ICJ 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, Germany 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, Germany emphasizes that the case “raises important issues concerning the Genocide Convention”, adding that “[t]he Court has found that the provisions of the Convention impose erga omnes partes obligations on Contracting Parties . . . and that the prohibition against genocide is a jus cogens norm in international law”. Germany is of the view that, “given its own past, [it] has a specific interest in the Court exercising its jurisdiction in the case”.

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

Adapted from an ICJ Press Release.


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