Is Ukraine a member of the ICJ? Does the ICJ have jurisdiction over Ukraine?

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, which settles legal disputes between states and gives advisory opinions on international legal issues. The ICJ is composed of 15 judges elected by the UN General Assembly and the Security Council for nine-year terms.

Ukraine has been a member of the ICJ since 1945 when it joined the UN as one of its founding members. Ukraine has accepted the compulsory jurisdiction of the ICJ with reservations, meaning that it recognizes the authority of the ICJ to decide on any legal dispute with another state that also accepts its jurisdiction, except for certain matters that Ukraine excludes from its declaration.

The International Criminal Court (ICC) is an independent and permanent court that investigates and prosecutes individuals for the most serious crimes of international concern, such as genocide, war crimes, crimes against humanity, and aggression. The ICC is based on a treaty called the Rome Statute, which entered into force in 2002 and has 123 states parties.

Ukraine is not a state party to the Rome Statute, but it has signed a cooperation agreement with the ICC on the establishment of an ICC country office in Ukraine in 2023. Ukraine has also made two declarations under Article 12(3) of the Rome Statute, accepting the jurisdiction of the ICC over alleged crimes committed on its territory since 2014.

Ukraine has filed two cases against Russia before the ICJ, one in 2017 and one in 2022. The first case concerns Russia’s alleged violation of international conventions on terrorism and racial discrimination in relation to its occupation of Crimea and support for separatists in eastern Ukraine.

The second case concerns Russia’s military intervention in Ukraine in 2022, which Ukraine claims was based on unfounded allegations of genocide against the Russian-speaking population. The ICJ has indicated provisional measures ordering Russia to cease its military operations and respect human rights in both cases, but Russia has not complied. The ICJ is currently examining its jurisdiction and admissibility over these cases, with the participation of 32 other states that have intervened to support Ukraine.