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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) (Preliminary Objections) (I.C.J.)

Published online by Cambridge University Press:  30 June 2020

Iryna Marchuk
Iryna Marchuk*
Affiliation:
Dr. Iryna Marchuk is an Associate Professor at the Faculty of Law at the University of Copenhagen, Denmark.
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Extract

On November 8, 2019, the International Court of Justice (ICJ) delivered a highly anticipated judgment on the preliminary objections raised by the Russian Federation with respect to the lack of the Court's jurisdiction over the claims brought by Ukraine under the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the International Convention for the Suppression of the Financing of Terrorism (ICSFT). The Court overwhelmingly rejected all of Russia's preliminary objections under both Conventions and confirmed the admissibility of Ukraine's claims under the CERD. Therefore, Ukraine's case will be heard on the merits in its entirety.

Type
International Legal Documents
Information
International Legal Materials , Volume 59 , Issue 3 , June 2020 , pp. 339 - 416
Copyright
Copyright © 2020 by The American Society of International Law

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References

ENDNOTES

1 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) (Preliminary Objections), Judgment, General List No. 166 (Nov. 8, 2019) [hereinafter Judgment].

2 Id. ¶ 134.

3 See Iryna Marchuk, Ukraine Takes Russia to the International Court of Justice: Will It Work? EJIL Talk!: BLOG OF THE EUR. JOURNAL OF INT'L LAW (Jan. 26, 2017) https://www.ejiltalk.org/ukraine-takes-russia-to-the-international-court-of-justice-will-it-work/.

4 Iryna Marchuk, Ukraine v Russia at the ICJ Hearings on Indication of Provisional Measures: Who Leads? EJIL Talk!: BLOG OF THE EUR. JOURNAL OF INT'L LAW (Mar. 16, 2017), available at https://www.ejiltalk.org/ukraine-v-russia-at-the-icj-hearings-on-indication-of-provisional-measures-who-leads.

5 Id.

6 Judgment, supra note 1, ¶ 23.

7 Id. ¶ 58.

8 Id. ¶ 59.

9 Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) (Judgment) [2007] ICJ Rep 43, ¶ 166.

10 Judgment, supra note 1, ¶ 60.

11 Iryna Marchuk, 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 Russia), Melbourne Journal of Int'l Law 436, 446–448 (2018).

12 Judgment, supra note 1, ¶ 53.

13 Id. ¶ 61.

14 Id.

15 Id. ¶ 63.

16 Id. ¶ 76.

17 Id.

18 Id. ¶ 94.

19 Id.

20 Id. ¶ 96.

21 Id. ¶ 101.

22 Id. ¶ 111.

23 Id. ¶ 120.

24 Id. ¶ 121.

25 See Iryna Marchuk, From Warfare to Lawfare: Increased Litigation and Rise of Parallel Proceedings in International Courts: A Case Study of Ukraine's and Georgia's Action Against the Russian Federation, in The Future of Int'l Courts, 217 (Routledge Research in Int'l Law, Avidan Kent et al. eds., 2019).

26 See Iryna Marchuk, Green Light from the ICJ to Go Ahead with Ukraine's Dispute Against the Russian Federation Involving Allegations of Racial Discrimination and Terrorism Financing, EJIL Talk!: Blog of the Eur. Journal of Int'l Law (Nov. 22, 2019), available at https://www.ejiltalk.org/green-light-from-the-icj-to-go-ahead-with-ukraines-dispute-against-the-russian-federation-involving-allegations-of-racial-discrimination-and-terrorism-financing.

27 Dissenting Opinion of Vice-President Xue.

28 Id. ¶ 5.

29 Id. ¶ 8.