Hague court publishes Nov 8 judgement supporting Ukraine in claim vs. Russia.

23:29, 08 November 2019
Politics
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The Hague-based International Court of Justice (ICJ), the principal judicial organ of the United Nations, has published its November 8 Judgment on the preliminary objections raised by the Russian Federation in the case concerning 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).

"The Court finds that it has jurisdiction to entertain the claims made by Ukraine and that the Application in relation to those claims is admissible," it says on its website.

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In its Judgment, which is final, without appeal and binding on the Parties, the Court:

(1) rejects, by thirteen votes to three, the preliminary objection raised by the Russian Federation that the Court lacks jurisdiction on the basis of Article 24, paragraph 1, of the International Convention for the Suppression of the Financing of Terrorism;

(2) finds, by thirteen votes to three, that it has jurisdiction on the basis of Article 24, paragraph 1, of the International Convention for the Suppression of the Financing of Terrorism, to entertain the claims made by Ukraine under this Convention;

(3) rejects, by fifteen votes to one, the preliminary objection raised by the Russian Federation that the Court lacks jurisdiction on the basis of Article 22 of the International Convention on the Elimination of All Forms of Racial Discrimination;

(4) rejects, unanimously, the preliminary objection raised by the Russian Federation to the admissibility of the Application of Ukraine in relation to the claims under the International Convention on the Elimination of All Forms of Racial Discrimination;

(5) finds, by fifteen votes to one, that it has jurisdiction, on the basis of Article 22 of the International Convention on the Elimination of All Forms of Racial Discrimination, to entertain the claims made by Ukraine under this Convention, and that the Application in relation to those claims is admissible.

On January 16, 2017, Ukraine filed in the Registry of the Court an Application instituting proceedings against the Russian Federation with regard to alleged violations by the latter of its obligations under the International Convention for the Suppression of the Financing of Terrorism of December 9, 1999 (the "ICSFT") and the International Convention on the Elimination of All Forms of Racial Discrimination of December 21, 1965 ("CERD"). In its Application, Ukraine seeks to found the Court's jurisdiction on Article 24, paragraph 1, of the ICSFT and on Article 22 of CERD. On September 12, 2018, the Russian Federation raised preliminary objections to the jurisdiction of the Court and the admissibility of the Application.

The Court explains that the present proceedings were instituted by Ukraine following the events which occurred in eastern Ukraine and in Crimea from the spring of 2014. With regard to the events in eastern Ukraine, the Applicant has brought proceedings only under the ICSFT. With regard to the situation in Crimea, Ukraine's claims are based solely upon CERD.

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