The UN International Court of Justice in The Hague issued a decision in the case in which Ukraine accused Russia of violating two international conventions - on the fight against the financing of terrorism and on the elimination of all forms of racial discrimination.
The court partially satisfied Ukraine's lawsuit, rejecting most of the charges against Russia. It is noted that this lawsuit does not cover violations by Russia after the start of a full-scale invasion of Ukraine in February 2022, but is limited to events in Donbas and Crimea since 2014.
Before the decision was announced in Ukraine, it was already considered a "historic" event. Lana Zerkal, the former deputy minister of foreign affairs who represented Ukraine at the Hague court, noted that this decision will be the first legal response of the civilized world to Russia's "grand contempt" for international law and the UN International Court of Justice itself.
The decision of the UN International Court of Justice in The Hague regarding Ukraine's claim against Russia includes rejection of most of the charges. In considering the case of terrorist financing, the court recognized only the possibility of Russia supporting terrorist groups with financial means, excluding the use of weapons to commit terrorist attacks.
Regarding the terrorist accusations against the representatives of the "DPR" and "LPR", the court decided that Russia did not conduct a sufficient investigation, violating the convention on the fight against the financing of terrorism. However, this is the only point in which the court satisfied the prosecution of Ukraine in this case.
Regarding the situation in Crimea, the court recognized that the actions of Russian law enforcement agencies violated the rights of the Crimean Tatars. But with regard to accusations of racial discrimination, the court expressed disbelief in the persecution of Crimean Tatars and Ukrainians because of their ethnic origin, believing that it could be politically motivated.
The court refused to recognize the Russian violation of the national rights of Ukrainians and Crimean Tatars. The court found Russia guilty of violating the rights of ethnic Ukrainians in Crimea, but refused to award compensation to Ukraine.
In January 2017, the Ministry of Foreign Affairs of Ukraine filed a lawsuit at the UN International Court of Justice against Russia, accusing it of violating two international conventions.
The first convention referred to in the lawsuit concerns the fight against the financing of terrorism. Russia was accused of providing financial support to "illegal armed groups that committed a number of acts of terrorism on the territory of Ukraine." The Ministry of Foreign Affairs cites examples such as the downing of flight MH17 and the shelling of residential areas in Mariupol and Kramatorsk.
The second convention deals with the elimination of racial discrimination. The lawsuit states that this accusation concerns "non-Russian communities" in occupied Crimea, in particular "ethnic Ukrainians and Crimean Tatars." According to the lawsuit, Russia's actions, such as holding a "referendum" in Crimea, banning the Mejlis of the Crimean Tatar people, and restricting teaching in the Ukrainian and Crimean Tatar languages, violate this convention.
In its lawsuit, Kyiv is asking the court to take measures such as disallowing support for armed groups, criminal prosecution of those involved in the financing of terrorism, and compensation for damages related to the MH17 crash and other acts of terrorism that led to accusations against Russia. The Crimean part of the lawsuit demands full protection of ethnic groups in occupied Crimea and restoration of their rights.
Russia's position in the context of the trial. For some time, the Kremlin has rejected accusations of human rights violations in Crimea and participation in the war in Donbas, as well as supporting militants with material and weapons, as well as the location of its troops.
During the trial, the representative of Russia claimed that the shelling of civilians in Donbas took place on both sides of the demarcation line and did not have the nature of terrorism.
However, the Kremlin later contested the very fact of the lawsuit being considered. In September 2018, the Russian side stated that the court had no jurisdiction in this dispute.
Russian representatives indicated that Ukraine misinterprets the concept of terrorism in its lawsuit, and there is no evidence of Russia's involvement in the events described in the lawsuit.
As for the part of the lawsuit related to Crimea, the Russian representatives insisted that the main goal of Ukraine is not to discuss issues of racial discrimination in Crimea, but to challenge the status of the peninsula itself.
Despite Russia's opposition, the UN International Court of Justice confirmed its jurisdiction over the lawsuit. This recognition was an important victory for Ukraine.
The importance of making this decision. The lawsuit submitted by Ukraine to the UN International Court of Justice is defined as a historical precedent due to its uniqueness - for the first time, the UN court dealt with accusations of a separate state for supporting terrorism.
Ukraine, while preparing the case, invested considerable effort and detail in the preparation. Representatives of the country collected and submitted thousands of pages of documents for the judges.
According to Lana Zerkal, this decision will be of decisive importance for the further development and application of international law in the field of combating terrorist financing and racial discrimination.
"The outcome of the case will have an impact on the development of the situation in the Middle East, where some countries, in particular Iran and possibly Russia, are accused of financing Houthi attacks and supporting their proxy groups," Lana Zerkal points out.
Journalist Serhii Sydorenko, who followed the proceedings in detail, emphasizes: "Ukraine has set a new path in the interpretation of international law, which has become a historical precedent. This decision will determine the future of international regulation in the field of combating the financing of terrorism and racial discrimination."
