An article by Adam Nalgiev was published in the October 2024 issue of the “Zakon” law journal

An article by Adam Nalgiev, a research intern at the Laboratory of International Justice, entitled “Burden of Proof of Negative Facts in the Practice of International Courts and Tribunals: What Does the Consideration of Ukraine’s Claim in the Allegation of Genocide Case has in Store for Us?” was published in the October 2024 issue of the “Zakon” law journal.

The article discusses the problem of allocation of the burden of proof in the ICJ case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) , which was highlighted by Judge Tomka in his declaration. Should Ukraine provide evidence to support its claim that there is no convincing evidence that Ukraine is responsible for the commission of acts of genocide in the DPR and LPR, or should the burden of proof be shifted to Russia in accordance with the well-known idea about the impossibility of proving negative facts? In preparing the paper, the author benefited from comments and questions received from participants of the workshop organised by the Laboratory of International Justice in April this year.