Canada, Netherlands file joint declaration in ICJ

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Canada and Netherlands
Canada, Netherlands file joint declaration in ICJ

Ottawa, 8 December 2022 (TDI): Canada and the Netherlands released a joint statement against Russia on Wednesday. Both countries have filed a declaration of intervention against Russia at the International Court of Justice (ICJ).

The intervention will investigate the Genocide committed by Russian forces in Ukraine under Article 63(2) of the Statute of ICJ.

Also read: New Zealand files declaration at ICJ

Joint statement on intervention

The countries filed an intervention in the case concerning “Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide.”

In this vein, the statement declares, “In these proceedings, Ukraine seeks that Russia has no lawful basis to take action against Ukraine to punish any purported genocide.”

The statement invokes Article 63(2) of the Statute of the Court. In order to avail this right, both countries relied on their status as parties to the Convention on the Prevention and Punishment of the Crime of Genocide.

Along these lines, the statement continued, “It is in the interest of the international community as a whole that the Genocide Convention not be misused or abused.”

“Russia’s failure to comply with an earlier order of ICJ to stop military operations constitutes a further breach of its international obligations.” Statement highlighted.

Both countries closed the statement by reaffirming their commitment to accountability. They stressed the court’s role in the peaceful settlement of disputes as the principal judicial organ of the United Nations.

Read more: Canada, Ecuador & Netherlands call for Anti-Corruption court

Ukraine’s application to ICJ

On February 26, two days after Russia started military operations in Ukraine, Ukraine filed an application instituting proceedings with ICJ.

Ukraine asked ICJ to exercise jurisdiction under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

In the application, Ukraine negated Russian claims that Ukraine had been perpetrating genocide in the Donbas region in Ukraine. Russia was using this claim to justify its intervention in Ukraine.

On March 16, the court issued its order on provisional measures. The court rejected the grounds provided by Russia for intervention. It concluded that Russia must immediately cease its military offensive in Ukraine.