The International Court of Justice (ICJ) reached a recent ruling on Ukraine’s claims surrounding Russia’s alleged acts of discrimination and financing of terrorism. Earlier, Ukraine had put forth that under Article 9 of the International Convention for the Suppression of the Financing of Terrorism (ICSFT), Russia has failed to properly investigate the reports of Ukrainians that Russians were implicated in financing terrorism activities in Ukraine.
According to the ICJ’s ruling document, the court agreed with Ukraine’s claim regarding Russia’s contravention of the ICSFT. However, the ICJ cast aside the majority of Ukraine’s additional demands for provisional measures. To detail, Ukraine had called upon the ICJ to pronounce that Russia was in breach of both ICSFT as well as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Ukraine also sought a court order obligating Russia to fulfil its duties under both of these conventions. Apart from this, Ukraine also requested for the prosecution of key Russia officials, including Defense Minister Sergei Shoigum, and sought reparations for civilian shellings.
The proceedings commenced in 2017 when Ukraine accused Russia of failing to inhibit and clamp down on financing of terrorism, particularly to the groups known respectively as the “Donetsk People’s Republic” and the “Luhansk People’s Republic,” both regions under Russia’s de facto control. Ukraine alleged that pro-Russian entities committed numerous terrorist attacks, which included the downing of the Malaysian Airlines flight MH17, and bombings in civilian areas. Allegations also revolved around Russia’s political and cultural repression, in particular, the enforced disappearances of Crimean Tartars, or Mejlis, and the suppression of Mejlis institutions and language.
The ICJ confirmed Russia’s violation of its obligations under Article 9 of the ICSFT but deemed it unnecessary to grant any of the other forms of relief that Ukraine had requested. The court asserted that Russia fell short in terms of implementing measures to investigate the claims put forth by Ukraine concerning individuals who have allegedly committed an offense outlined in Article 2 of the ICSFT. Article 2 of ICSFT holds any individual who aids in financing the offenses listed in the ICSFT, including acts of terrorism, in contravention of the convention. Furthermore, the court noted that Russia, through its conduct in implementing its educational system in Crimea in 2014, had breached its obligations under Article 2 of ICERD. Article 2 of CERD stipulates the requirement for states to devise policies and systems for mitigating racial discrimination.