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Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation)
On March 6, 2017, hearings began on Ukraine's application for preventive measures, which lasted until March 9.[2] Preventive measures will allow the Court to prevent the deterioration of the situation and to protect the civilian population for the length of time necessary to hear the case. Consideration of the merits of the claim will continue regardless of the Court's ruling on the request for the application of preventive measures.
On April 19, 2017, a precautionary decision was announced. The International Court of Justice in The Hague ruled that Russia should refrain from imposing restrictions on the Mejlis of the Crimean Tatar People and allow it to resume its activities.[3][4] The ICJ denied Ukraine approval of provisional measures against Russia on prohibition of terrorist financing.[5]
On November 8, 2019, the court found that it has jurisdiction to hear the case on the basis of anti-terrorism and anti-discrimination treaties over Russia's alleged support for separatists in Crimea and Eastern Ukraine. Also the ICJ rejected Moscow's call on preliminary objections.[6][7]
Verdict
Regarding violations of the Terrorist Financing Convention, the court ruled that only financial funding is a subject of the Convention, therefore supply of weapons and ammunition is left out of the case entirely. The court concluded that Ukraine did not provide enough evidence that Russia knew that its financial funds would be used with the intention of committing acts of terrorism; therefore Russia was not obliged to satisfy Ukraine's demands of extradition of people who were accused of financing terrorists on the territory of Ukraine, nor was it obliged to assist Ukraine in investigating alleged funding of terrorism. Nevertheless, Russia was still obliged to conduct an investigation of its own of crimes related to the financing of terrorism by people who were on the territory of Russian Federation; it failed to do so, despite the fact that Ukraine repeatedly requested it, therefore violating the Convention.
Regarding violations of the International Convention on the Elimination of All Forms of Racial Discrimination, the court ruled that enough evidence was provided that steep and systematic decline in providing education in Ukrainian language in Crimea was artificially enforced by the Russian Federation with intent to harm Ukrainian ethnicity in the region, dismissing Russia's accusations that alleged lack of interest was the reason behind the decline, confirming the existence of a pattern of ethnic discrimination and thus finding Russia guilty of violating the Convention. At the same time, the court deemed Ukraine failed to provide enough evidence that the ban of the Mejlis, persecution of its members and other Crimean Tatar and Ukrainian activists and repeated ban to conduct a peaceful assembly were ethnically motivated, though the court recognized that Ukraine could not provide additional evidence because it does not have access to Crimea, and therefore refers to the reports of international organizations. Based on those, it concludes that their political activity and views were the reason behind their persecution rather than their ethnicity, therefore it does not violate the Convention. At the same time the court acknowledged that its verdict from 2017, in which it ordered Russia to lift the ban of Mejlis, has been left unfulfilled.[8]
External links
The case on ICJ website
References
^"EJIL: Talk! – Ukraine Takes Russia to the International Court of Justice: Will It Work?". EJIL: Talk!. 26 January 2017. from the original on 2019-11-08. Retrieved 2019-11-08.
^Oliphant, Roland (2017-03-06). "Ukraine sues Russia in International Court of Justice for 'financing terrorism'". The Telegraph. ISSN 0307-1235. from the original on 2019-11-08. Retrieved 2019-11-08.
^van den Berg, Stephanie (3 June 2019). "Russia rebuffs Ukraine's case over rebel support at U.N. court". Reuters. from the original on 2019-11-08. Retrieved 2019-11-08.
^Request for the indication of provisional measures 2018-05-16 at the Wayback Machine ICJ Summary
^"ICJ Says It Won't Impose Measures Against Russia In Case Brought By Kyiv". Radio Free Europe/Radio Liberty. 19 April 2017. from the original on 2019-11-08. Retrieved 2019-11-08.
^"U.N. top court rejects Moscow's call to block Ukraine vs Russia case". Reuters. 2019-11-08. from the original on 2019-11-08. Retrieved 2019-11-08.
^"UN International Court of Justice recognizes Ukraine's suit against Russia as one under its jurisdiction". Interfax-Ukraine. from the original on 2019-11-08. Retrieved 2019-11-08.
^"Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation)" (PDF). International Court of Justice. 2024-01-31. Retrieved 2024-02-11.
May 03, 2024
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Not to be confused with Ukraine v Russian Federation 2022 or International Criminal Court investigation in Ukraine This article needs to be updated Please help update this article to reflect recent events or newly available information February 2024 You can help expand this article with text translated from the corresponding article in Ukrainian November 2023 Click show for important translation instructions View a machine translated version of the Ukrainian article Machine translation like DeepL or Google Translate is a useful starting point for translations but translators must revise errors as necessary and confirm that the translation is accurate rather than simply copy pasting machine translated text into the English Wikipedia Consider adding a topic to this template there are already 341 articles in the main category and specifying topic will aid in categorization Do not translate text that appears unreliable or low quality If possible verify the text with references provided in the foreign language article You must provide copyright attribution in the edit summary accompanying your translation by providing an interlanguage link to the source of your translation A model attribution edit summary is Content in this edit is translated from the existing Ukrainian Wikipedia article at uk Sprava Ukrayina proti Rosijskoyi Federaciyi Mizhnarodnij Sud see its history for attribution You may also add the template Translated uk Sprava Ukrayina proti Rosijskoyi Federaciyi Mizhnarodnij Sud to the talk page For more guidance see Wikipedia Translation The case Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination Ukraine v Russian Federation is a case in the International Court of Justice ICJ On January 16 2017 a representative of Ukraine filed a lawsuit at the International Court of Justice to hold the Russian Federation liable for committing acts of terrorism and discrimination against Ukraine 1 The lawsuit alleges violations of the Terrorist Financing Convention and International Convention on the Elimination of All Forms of Racial Discrimination Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination Ukraine v Russian Federation CourtInternational Court of JusticeCitation s General List No 166Court membershipJudges sittingAbdulqawi Yusuf President Xue Hanqin Vice President Ronny AbrahamMohamed BennounaAntonio Augusto Cancado TrindadeJoan DonoghueGiorgio GajaJulia SebutindeDalveer BhandariPatrick Lipton RobinsonJames CrawfordNawaf SalamYuji IwasawaPeter TomkaFausto Pocar ad hoc Leonid Skotnikov ad hoc Contents 1 Judgment 2 Verdict 3 External links 4 ReferencesJudgmentOn March 6 2017 hearings began on Ukraine s application for preventive measures which lasted until March 9 2 Preventive measures will allow the Court to prevent the deterioration of the situation and to protect the civilian population for the length of time necessary to hear the case Consideration of the merits of the claim will continue regardless of the Court s ruling on the request for the application of preventive measures On April 19 2017 a precautionary decision was announced The International Court of Justice in The Hague ruled that Russia should refrain from imposing restrictions on the Mejlis of the Crimean Tatar People and allow it to resume its activities 3 4 The ICJ denied Ukraine approval of provisional measures against Russia on prohibition of terrorist financing 5 On November 8 2019 the court found that it has jurisdiction to hear the case on the basis of anti terrorism and anti discrimination treaties over Russia s alleged support for separatists in Crimea and Eastern Ukraine Also the ICJ rejected Moscow s call on preliminary objections 6 7 VerdictRegarding violations of the Terrorist Financing Convention the court ruled that only financial funding is a subject of the Convention therefore supply of weapons and ammunition is left out of the case entirely The court concluded that Ukraine did not provide enough evidence that Russia knew that its financial funds would be used with the intention of committing acts of terrorism therefore Russia was not obliged to satisfy Ukraine s demands of extradition of people who were accused of financing terrorists on the territory of Ukraine nor was it obliged to assist Ukraine in investigating alleged funding of terrorism Nevertheless Russia was still obliged to conduct an investigation of its own of crimes related to the financing of terrorism by people who were on the territory of Russian Federation it failed to do so despite the fact that Ukraine repeatedly requested it therefore violating the Convention Regarding violations of the International Convention on the Elimination of All Forms of Racial Discrimination the court ruled that enough evidence was provided that steep and systematic decline in providing education in Ukrainian language in Crimea was artificially enforced by the Russian Federation with intent to harm Ukrainian ethnicity in the region dismissing Russia s accusations that alleged lack of interest was the reason behind the decline confirming the existence of a pattern of ethnic discrimination and thus finding Russia guilty of violating the Convention At the same time the court deemed Ukraine failed to provide enough evidence that the ban of the Mejlis persecution of its members and other Crimean Tatar and Ukrainian activists and repeated ban to conduct a peaceful assembly were ethnically motivated though the court recognized that Ukraine could not provide additional evidence because it does not have access to Crimea and therefore refers to the reports of international organizations Based on those it concludes that their political activity and views were the reason behind their persecution rather than their ethnicity therefore it does not violate the Convention At the same time the court acknowledged that its verdict from 2017 in which it ordered Russia to lift the ban of Mejlis has been left unfulfilled 8 External linksThe case on ICJ websiteReferences EJIL Talk Ukraine Takes Russia to the International Court of Justice Will It Work EJIL Talk 26 January 2017 Archived from the original on 2019 11 08 Retrieved 2019 11 08 Oliphant Roland 2017 03 06 Ukraine sues Russia in International Court of Justice for financing terrorism The Telegraph ISSN 0307 1235 Archived from the original on 2019 11 08 Retrieved 2019 11 08 van den Berg Stephanie 3 June 2019 Russia rebuffs Ukraine s case over rebel support at U N court Reuters Archived from the original on 2019 11 08 Retrieved 2019 11 08 Request for the indication of provisional measures Archived 2018 05 16 at the Wayback Machine ICJ Summary ICJ Says It Won t Impose Measures Against Russia In Case Brought By Kyiv Radio Free Europe Radio Liberty 19 April 2017 Archived from the original on 2019 11 08 Retrieved 2019 11 08 U N top court rejects Moscow s call to block Ukraine vs Russia case Reuters 2019 11 08 Archived from the original on 2019 11 08 Retrieved 2019 11 08 UN International Court of Justice recognizes Ukraine s suit against Russia as one under its jurisdiction Interfax Ukraine Archived from the original on 2019 11 08 Retrieved 2019 11 08 Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination Ukraine v Russian Federation PDF International Court of Justice 2024 01 31 Retrieved 2024 02 11 Retrieved from https en wikipedia org w index php title Ukraine v Russian Federation 2017 amp oldid 1207051737, wikipedia, wiki, book, books, library,
