The Hague, July 29, 2024 – Poland has officially filed an application with the International Court of Justice (ICJ) to intervene in the ongoing case between Ukraine and the Russian Federation regarding allegations of genocide. This move highlights Poland’s concern over the interpretation and application of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, commonly known as the Genocide Convention.
The Polish government submitted its request on July 23, 2024, under Article 62 of the ICJ’s Statute, which allows states not party to a case to intervene if they have an interest of a legal nature that might be affected by the Court’s decision. In its filing, Poland emphasized its status as a party to the Genocide Convention and expressed its intention to ensure the Convention’s proper application by other states.
“Poland has a legal interest in the Convention’s proper application, mindful of its obligation to prevent violations,” the filing stated. “An accusation of genocide towards Ukraine affects Poland’s legal position as a supporter of Ukraine, including its Eastern regions, since 2014.”
Poland’s declaration of intervention also references Article 63 of the ICJ’s Statute, highlighting its right to intervene whenever the construction of a convention to which it is a party is in question. The Polish government indicated that it would particularly focus on Articles I, II, and VIII of the Genocide Convention, reserving the right to comment on additional provisions as the case progresses.
The case itself was initiated by Ukraine on February 26, 2022, alleging that the Russian Federation falsely claimed acts of genocide in the Luhansk and Donetsk regions to justify its military actions. Ukraine’s application to the ICJ seeks to establish that Russia’s actions lack a lawful basis under the Genocide Convention.
The proceedings have seen a significant number of international interventions, with 33 states filing declarations of intervention. The ICJ’s handling of this case will have substantial implications for international law and the enforcement of the Genocide Convention.
Poland’s intervention underscores its commitment to international law and its solidarity with Ukraine. The Polish government has been a consistent supporter of Ukraine, providing various forms of aid and assistance, particularly since the onset of the conflict in Eastern Ukraine.
As the case develops, the ICJ will determine the admissibility of Poland’s application and the scope of its involvement in the proceedings. This legal maneuver by Poland adds another layer to the complex legal and diplomatic dynamics surrounding the conflict in Ukraine.
