Mirror: consideration of a claim of Ukraine against Russia in fact, in the International court of justice can begin in the summer of 2018

Deputy Minister of foreign Affairs of Ukraine on European integration Olena zerkal said that the preparation of the Memorandum to the International court of justice with all the evidence of the crimes of the Russian Federation may take 8 months.

She told about it on air “5 channel”.

Zerkal noted that the process under the claim of Ukraine against Russia in the international court of justice United Nations, in addition to political platform for discussion, which was during the negotiations of the Trilateral contact group on settling the situation in Donbas in Minsk, there was another legal area, which is the court.

“Of course, they are correlated among themselves”, – said the Deputy Minister.

“We must proceed from the fact that now we have created two planes: political and legal realm for discussion. The next six months, maybe eight months, we are going to do just the preparation of legal evidence and to form its position to represent the primary Memorandum in the Hague,” – said zerkal.

When speaking about the armed aggression of Russia in Ukraine and occupation of Crimea, she stressed that “there is now a legal platform where we can bring Russia fully responsible without her consent”.

However, the mirror explained that the Ukrainian side came from the fact that it is better to use existing tools than nothing at all to do.

Speaking about the claim of Ukraine against Russia in respect of the Convention on the elimination of all forms of racial discrimination, the Deputy foreign Minister said that the interim decision of the court of justice was “in full in our favor.”

Regarding an interim judgment in part of the Convention on the prevention of the financing of terrorism, foreign Ministry spokesman noted that “the evidence outlined in the court order, they relate to the intent that judges do not see the connection between the arms, the victims of the civilian population and the purpose of intimidation or coercion of the government to do something or not to do.”

“In a General sense, if you look at the decision to ban the financing of terrorism, the court took into account all the arguments of the Ukraine, but went no further in imposing temporary precautionary measures. Thus, on the one hand, supporting our legal position, and on the other – making step in order not to irritate the other side,” – said zerkal.

Mirror believes that, if nothing is done, then everything will deteriorate.

“We proceed from a different logic. We added his instrument of legal pressure. Going to use it, and are going to ensure the monitoring of the implementation of the court’s decision, and are going to be in constant communication with both the court and the UN security Council”, she added.

The Deputy Minister reminded that on may 12 in the Hague will determine the schedule of hearings in the case on the claim of Ukraine against Russia.

“We have to collect the court’s President, with whom we have is just the discussion for all procedural issues. There is still a possibility that the Russians can ask a quick consideration of the issue of full jurisdiction. And they have that right, not even waiting for our Memorandum, but still, it seems to me that they would have to follow the same logic that they used in the Georgian case. They will wait until we will submit the full Memorandum of evidence, then they will need some time to study this Memorandum and they will come with a requirement that the review jurisdiction” – said zerkal.

She also expressed the belief that the case will be considered next year, roughly summer.

As reported, the international court of justice in the Hague on April 19 announced the decision, which partially granted the request of Ukraine on the application of provisional precautionary measures against Russia. Measures related to the International Convention on the elimination of all forms of racial discrimination (CERD).

The court pointed out that Russia must refrain from in order to continue to limit the ability of Crimean Tatars to preserve their institutions, including the Parliament. For this decision voted 13 judges against three. The decision was unanimous, according to which Russia must ensure the availability of education in the Ukrainian language.

On charges of the Russian Federation in violation of the International Convention for the suppression of the financing of terrorism, the court decided that Ukraine had not provided enough evidence that would have been a substantial basis for the application of provisional precautionary measures.

Ukraine in the framework of the lawsuit against Russia asked the international court of justice to impose temporary preventive measures aimed at preventing the continuation of human rights violations by the Russian Federation for the period of adjudication of the merits with the aim of protecting the civilian population in the temporarily occupied Crimea and Donbas.

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