With this act, Poland has joined – for the first time in its post-war history – contentious proceedings before the ICJ. The declaration is part of Poland’s consistent policy of firmly condemning all unlawful actions by Russia and is an expression of our support and solidarity for Ukraine. It complements other actions the Republic of Poland is currently taking in this area, including referral of crimes committed in Ukraine to the International Criminal Court and a request for intervention in the Ukrainian-Russian dispute before the European Court of Human Rights, among others.

Poland’s intervention with the ICJ, in keeping with the formal requirements set out in Article 63 of the ICJ Statute, concerns the interpretation of the Genocide Convention, in particular Articles I and IX. With reference to Article IX, the Polish side stressed that this provision also applies to disputes in which a request is made that the ICJ declare that the Convention has not been violated. Thus, if one state accuses another of genocide, the latter may ask the ICJ to declare that the accusation is factually and legally unfounded. With reference to Article I, the Polish side emphasized that unilateral and groundless accusations of genocide constitute an abuse of the Convention contrary to its letter and spirit, and that the Convention requires that measures to prevent and punish the crime of genocide be consistent with international law.

As of 15 September, apart from Poland, relevant declarations of intervention have been made by (in chronological order) Latvia, Lithuania, New Zealand, Great Britain, the Federal Republic of Germany, the United States, Sweden, Romania and France. The full text of the Polish intervention is available on the ICJ website: https://www.icj-cij.org/en/case/182/intervention

 

Łukasz Jasina
MFA Spokesperson