Burden of Proof at the ICJ Case Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation): Finding “the Way Home”
Journal: Журнал ВШЭ по международному праву (HSE University Journal of International Law)
Year: 2025

The commentary points out the fundamental evidentiary issues, which the International Court of Justice would face soon deciding the case Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) at the merits stage. The author believes that the burden of proof considerations are at the heart of the whole procedural picture of this unique inter-state dispute. The analysis shows that in this case, pursuant to the actori i