All the arguments of Russia regarding the lack of a subject matter of the dispute with Ukraine in the International Court of Justice must be overruled because of their irrelevance.
Harold Hongju Koh, the Sterling Professor of International Law at Yale Law School, made a corresponding statement during the second round of public hearings of Ukraine v. Russia case in the International Court of Justice, an Ukrinform correspondent reports.
"Russia's objections must be overruled, and the court should proceed to the hearings on the merits. As we have shown, Russia openly undertook obligations to ban the financing of terrorism. However, it allows to freely finance the terror campaign from its own territory, refusing to take practical measures... Russia undertook an obligation to eliminate all forms of racial discrimination, but then it supports discrimination in Crimea," Harold Hongju Koh said.
Further, Professor Jean-Marc Thouvenin, Secretary-General of The Hague Academy of International Law, took the floor and underscored that representatives of the Russian Federation in the International Court of Justice interpreted the essence of the articles of the International Convention for the Suppression of the Financing of Terrorism to their benefit.
“Russia tried to distort the purpose of the dispute by exposing Ukraine as a country that uses a loophole to hold Russia accountable, while the Convention does not contain this,” he said.
As reported, on June 3-7, the International Court of Justice in The Hague holds the public hearings over the application 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 Ukraine v. Russia case.
At the end of this week, the Court will decide whether it has jurisdiction over all the violations filed by Ukraine and then will deliver an order. The order on jurisdiction is expected to be delivered by the end of the year.
If the arguments of Ukraine convince the International Court of Justice, it will be able to proceed to the consideration of the case on merits.
On January 16, 2017, Ukraine filed a lawsuit against Russia with the International Court of Justice. The charges brought against Russia include: the provision of weapons and other forms of assistance to illegal armed groups; shooting down the Malaysia Airlines Flight 17 (MH17); shelling residential areas of Mariupol and Kramatorsk in Donetsk region; destruction of a civilian passenger bus near Volnovakha in Donetsk region; explosion during a peaceful assembly in Kharkov which caused human fatalities; discrimination against the Ukrainian and Crimean Tatar communities; the prohibition of activity of the Mejlis of the Crimean Tatar people, waves of disappearances, murders, unauthorized searches, detentions; restrictions on teaching in the Ukrainian and Crimean Tatar languages.
The first hearing was held on March 6, 2017. On April 19, 2017, the order on provisional measures was delivered. The International Court of Justice in The Hague ruled that Russia should resume the activities of the Mejlis of the Crimean Tatar people, ensure accessibility of education in Crimea in the Ukrainian language.