Press release on judgment of the International Court of Justice regarding Russia’s preliminary objections to jurisdiction in the case “Ukraine v. Russian Federation”
On November 8, the International Court of Justice (ICJ) in the Hague delivered its judgment on preliminary objections to jurisdiction raised by Russia in the case “Ukraine v. Russian Federation” instituted by Kiev in January 2017 with regard to alleged violations by Russia of the 1999 International Convention for the Suppression of the Financing of Terrorism (ICSFT) and the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
Regarding the ICSFT, the ICJ rejected one of Ukraine’s major claims alleging that Russia is to be held responsible under international law as a state sponsor of terrorism in Ukraine. The Court supported Russia’s argument that issues related to terrorism financing by a state or its officials, regardless of the absurdity of such accusations against Russia, are not regulated by the ICSFT and such claims cannot be entertained in the framework of this case. That said, however, the Court ignored other jurisdictional objections raised by Moscow thus allowing Ukraine to take the imposed on Russia ICSFT dispute to the merits stage. This position of the Court is difficult to explain as at the provisional measures stage in 2017 it supported Russia’s argument that Ukraine’s claims that its rights under the ICSFT had been allegedly violated, are not well-founded (not “plausible”).
The ICJ did not uphold Russia’s jurisdictional objections under the CERD either. In particular, the Court did not agree that, before seeking the protection of the ICJ, the Applicant State must first take the matter before the Committee on the Elimination of Racial Discrimination established under the auspices of the CERD to monitor implementation of the Convention and respond to its violations. Ukraine failed to do so.
The ICJ also rejected Russia’s objections regarding the fact that Kiev failed to abide by the requirement of the exhaustion of local remedies before seisin of the Court. At this stage of the proceedings, the Court didn’t consider the substance of Ukraine’s allegations or determine whether specific actions could qualify as racial discrimination.
As a result, Ukraine managed to move beyond the preliminary stage of the proceedings and bring the case to the merits stage with regard to both Conventions. The Court pronouncing that it has jurisdiction over the case does not mean the outcome is pre-determined – including because by December 8, 2020 Russia is yet to submit its counter-memorial on the merits of the dispute.
The Russian Federation expects the ICJ to give full consideration to Russia’s position during the hearing on the merits and eventually reject all of Ukraine’s claims.
