On 20 September 2023 in The Hague, Netherlands, Latvia submitted its oral observations in the case of Ukraine v. the Russian Federation, “Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide” (the Genocide Case). Latvia is one of the 32 countries intervening as a third party in the Genocide Case, where the dispute builds on the United Nations 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the Convention).
Latvia was requested to submit its oral observations on the interpretation of the provisions of the Convention as well as of other provisions relevant to determining of the jurisdiction of the International Court of Justice. After the present stage of the proceedings, the International Court of Justice will rule on its jurisdiction in the matter, which is a precondition for the examination of the case on its merits.
In its observations concerning the jurisdiction of the International Court of Justice in the case, Latvia analyses Article IX of the Convention and its structure taken together with other provisions of the Convention, as well as taking into account the relevant rules mandated by the custom-reflecting Articles 31 and 33 of the Vienna Convention on the Law of Treaties and the case law of the International Court of Justice. According to Latvia, Article IX is formulated in very broad terms and also covers disputes within the scope of the Convention which may result in establishing a non-violation of the Convention. It is structured in such a way that where a State has charged another with a genocide offence, which has created a dispute between those States, the International Court of Justice has jurisdiction to rule on any action brought before it.
Latvia was represented at the International Court of Justice by Mārtiņš Paparinskis, a member of the Drafting Committee of the International Law Commission and Reader in Public International Law at University College London. The representative was provided support by the International Law Division of the Legal Department at the Ministry of Foreign Affairs, as well as Latvian and foreign experts of international public law.
Background information:
This is the first time in Latvia’s history that Latvia has exercised its rights under Article 63 of the Statute of the International Court of Justice to request leave to intervene as a third party in a case before the International Court of Justice, which builds on the construction of a Convention that Latvia is a State Party to.
In addition, 32 other states have intervened as third parties: Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
The United States of America also submitted its declaration requesting leave to intervene as a third party; however, it was rejected by the Court due to a reservation made by the U.S. on Article IX of the Convention indicating that its provisions are not binding on the U.S.