The international court of justice announced the interim measures against Russia within the framework of a lawsuit filed against it by Ukraine. The Ukrainian side asked to apply these limits to prevent deterioration and to protect the civilian population until the claim will be considered on the merits. However, the request of Ukraine Court of justice was satisfied, not full. In terms of accusations of Russia in violation of the Convention on the elimination of all forms of racial discrimination, the court ruled that Russia in the Crimea should refrain from imposing restrictions regarding the Crimean Tatars, to allow the activities of the Mejlis of the Crimean Tatar people and to provide education in the Ukrainian language.
To impose temporary restrictions, which related to part of the accusations of Russia in violation of the Convention for the suppression of the financing of terrorism, the court refused.
The foreign Ministry this decision called positive for Ukraine. According to experts, it is important to achieve even such symbolic victories on the legal and judicial area.
He had asked for Ukraine
The request for application of interim measures against Russia Ukraine filed together with the main claim. “The request for applying measures of restraint Ukraine asks the court to oblige the Russian Federation to stop the violation of international law. In particular, Ukraine appealed to court with request to oblige the Russian Federation to ensure effective control of its border, stop supplying weapons to Ukraine, to stop supporting illegal armed groups that inflict harm on the civilian population of Ukraine and to refrain from any further acts of ethnic discrimination in the occupied Crimea”, – said earlier the foreign Ministry of Ukraine.
In a communiqué released by the International court of justice set out a full list of these requirements. So, as for the accusations of Russia in violation of the Convention for the suppression of the financing of terrorism, Ukraine asked the court to apply the following measures:
The Russian Federation should abstain from any actions that might aggravate, extend the time for hearing the dispute or complicate judgment in this dispute;
The Russian Federation shall exercise proper control of its borders to prevent further terrorist financing, including the supply of weapons from the territory of the Russian Federation on the territory of Ukraine;
The Russian Federation must stop and prevent the implementation of all remittances from the Russian Federation, as well as the supply of weapons, vehicles, equipment, training of groups involved in terrorist attacks against the civilian population of Ukraine, or those, on which the Russian Federation it is known that they can participate in terrorist attacks in the future;
The Russian Federation must take all the dependent measures to any groups that operate in Ukraine and previously received from the territory of the Russian money, weapons, vehicles, equipment and training, in the future refrain from committing terrorist acts against the civilian population in Ukraine.
In terms of accusations of Russia in violation of the Convention on the elimination of all forms of racial discrimination Ukraine asked the court to apply to Russia the following restrictions:
The Russian Federation should abstain from any actions that might aggravate, extend the terms of the dispute regarding the violation of the Convention or complicate the resolution of this dispute;
The Russian Federation should desist from any act of racial discrimination on individuals, groups or institutions in the territory, which is under the control of Russia, including the Crimean Peninsula;
The Russian Federation must stop and refrain from further political and cultural repression of the Crimean Tatar people, including to suspend the decree about a ban of the Mejlis of the Crimean Tatar people and to abandon the implementation of this decree and similar measures during the pendency of this case;
The Russian Federation must take all necessary measures to stop the disappearance of the Crimean Tatars and to efficiently investigate the disappearances that have already occurred;
The Russian Federation shall cease and desist from further acts of political and cultural suppression of ethnic Ukrainians in Crimea, including suspension of the restrictions on getting education in Ukrainian language and respect for the rights of ethnic Ukrainian language and education, while this case is pending.
What the court decided
On April 19 meeting in the Hague international court of justice announced its decision regarding the imposition of provisional measures against Russia. SinceUD decided to introduce measures to protect and ensure the rights of Ukrainians and Crimean Tatars on the territory temporarily occupied by Russia of the Crimea in the framework of the Convention on the elimination of all forms of racial discrimination.
“Relative to the provided court testimony: some of them correspond to the definition of discrimination, for example in terms of providing education in Ukrainian language for ethnic Ukrainians. At this point the court came to the conclusion that the Crimean Tatars and ethnic Ukrainians in Crimea remain vulnerable. In this respect the court takes note of the report on the situation of human rights in Ukraine “, – said during the meeting, the President of the Court, Ronnie Abraham.
In this case, the Court held that measures to be identified for Russia will not be such as was asked initially, Ukraine. In particular, according to the decision of the Russian Federation in the Crimea should refrain from imposing restrictions regarding the Crimean Tatars, to allow the activities of the Mejlis of the Crimean Tatar people and to provide education in the Ukrainian language.
“I would like to remind that the Russian Federation should meet its obligations in accordance with the Convention on the elimination of all forms of racial discrimination. The court considers that the situation in Crimea, the Russian Federation should refrain from imposing restrictions regarding the Crimean Tatars and their communities, preserve their institutions, including Parliament. Besides, the Russian Federation must ensure the availability of education in the Ukrainian language”, – said Abraham.
As for the second part of the charges of Ukraine to Russia – a violation of the Convention for the suppression of the financing of terrorism to enter in the latest provisional measures in this aspect the Court of justice refused, arguing that there is no reason. According to the President of the Court, Ronnie Abraham, at this stage of the proceedings the Ukraine has not provided sufficient evidence of the financing of Russian terrorism.
“Taking into account all the preconditions and timing of the event, it was decided that the court believes it is also important to take additional measures regarding the situation in Eastern Ukraine. The parties must take all necessary steps to implement the Minsk agreements to settle the conflict peacefully,” added the judge.
For Ukraine judgment – positive
The foreign Ministry of Ukraine the decision of the International court of justice called the positive, despite the fact that the judge did not grant all the claims of Kiev. This was stated at the end of the trial, the Deputy foreign Minister Elena zerkal.
“Of course, there is enough evidence. But when we were preparing the case for preliminary activities, we proceeded from the fact that we need to prove beforehand the jurisdiction and provide evidence that violations of the Convention. The court found that this it is not enough for decision-making. So now we are going to focus already on the proof of guilt and evidence of intent to Downing, for example, of the aircraft MH-17. If you look at the comments written by judges, it also States that there is disagreement with the position of most judges by the “Boeing” – said zerkal.
The Ukrainian side expects Russia to urgently and fully implement the decision of the Court, said zerkal. At the same time, Deputy foreign Minister called on the international community to carefully monitor the implementation by Russia of this decision.
The decision of the International court of justice was expected for Ukraine is acceptable, says political analyst Volodymyr Fesenko. The expert notes that the situation with the violation of the Convention for the suppression of the financing of terrorism to prove that it is not very difficult.
“The definition of what constitutes terrorism is always a problem. Not just in law, even in theory there are disputes, what actions can be considered terrorists and which are not. And then there’s the Russian side also began to throw arguments – whether of a terrorist intent or not, and the like,” he said.
In addition, said Fesenko, hard to prove and the fact of the financing of terrorism, because not every material can, for example, arms can be considered to be financing.
“I believe that we will be satisfied with this result. May he limited and there may be problems with the implementation even prior restrictions, – said Fesenko, – However, for us here the important moral and political result. That is already recognized the fact of violations of the Declaration, even at this stage. It is clear that the case will be considered on its merits, but it is important that at this stage there is a small but victory in this litigation”
The expert notes that what is important is not the result, that is, to force Russia to do something, and it is important to achieve even such symbolic victories on the legal and judicial area.
Recall, 16 January 2017 Ukraine appealed to the international court of justice with a claim against the Russian Federation. Ukraine has put forward a neighbouring country and allegations of violations of the International Convention for the suppression of the financing of terrorism and the International Convention on the elimination of all forms of racial discrimination. In addition, Ukraine has addressed in court with the request to apply against Russia the provisional measures for the period of the trial. The application for interim measures – this requirement of Russia to refrain from any action in respect of Ukraine pending a final court decision. The main issues the discussion so far does not apply. According to experts in international law, the proceedings in fact will be long and difficult.
Thus, if the decision of the ICJ will be in favor of Ukraine, the simple tools that will force Russia to fulfill it, no, say the experts. So, as explained by an analyst on international Affairs Anton kuchukhidze, article 94 of the UN Charter provides that decisions of the court are binding. But the second paragraph of the same article stipulates that if a party does not comply with the decision, then it interferes with the UN security Council and takes steps to ensure that she still began to run. However, Russia has veto power in the UN security Council, so any decision they can stop.
For reference: the international court of justice is one of the six principal organs of the United Nations, established by the UN Charter to achieve one of the main goals of the UN “to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace”.
