Application of the Int'l Conv. for the Suppression of the Financing of Terrorism & of the Int'l Conv. on the Elimination of All Forms of Racial Discr. (Ukr. v. Russ.) (Merits) (I.C.J.)

On January 31, 2024, marking the tenth anniversary of the Russo-Ukrainian war, the International Court of Justice (ICJ) delivered its eagerly anticipated judgment on the merits in Ukraine v. Russia concerning alleged violations of the International Convention for the Suppression of the Financing of Terrorism (ICSFT) and the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). This was the first case lodged by Ukraine against Russia back in 2017, in response to alleged numerous violations arising from Russia's occupation of Crimea and its proxy war in Donbas. Although Ukraine might have hoped for a more favourable outcome, the majority only established narrow and rather minor violations under ICSFT and CERD, despite a plethora of claims advanced by Ukraine under both Conventions. A 13:2 majority found that Russia violated Article 9, paragraph 1 of ICSFT due to its failure to investigate individuals who allegedly committed terrorism financing offences upon receiving the information from Ukraine. As for CERD, another 13:2 majority found that Russia violated Articles 2, paragraph 1 (a) , and 5 (e) (v) of the Convention with regard to the implementation of school education in the Ukrainian language in Crimea. In addition, an 11:4 majority found that Russia violated the provisional measures order, which obliged Russia to lift restrictions on the Mejlis, the highest representative executive organ of Crimean Tatars in Crimea banned by Russian authorities, and imposed the non-aggravation measure. The judges were divided on the scope of the non-aggravation measure, and questioned the appropriateness of establishing the violation of the provisional measures order in part concerning the Mejlis in the absence of the majority's finding of the corresponding violation under CERD on the merits.