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)

Abstract

International Court of Justice — Jurisdiction — Subject-matter of dispute — Jurisdiction ratione materiae under International Convention for the Suppression of the Financing of Terrorism, 1999 (“ICSFT”) — Whether Court having to establish plausibility of claims of Ukraine — Interpretation of Article 2 of ICSFT — Whether ICSFT applying to terrorism financing by State officials — Meaning of “funds”, “knowledge”, “intention” and “purpose” matters for merits — Whether Parties having negotiated a settlement before filing the case — Whether Parties having endeavoured to organize arbitral proceedings for six months before filing the case

International Court of Justice — Jurisdiction — Jurisdiction ratione materiae under International Convention on the Elimination of All Forms of Racial Discrimination, 1966 (“CERD”) — Whether acts of which Ukraine complains constituting “discrimination” within meaning of Article 1 of CERD matter for merits — Whether rights invoked by Ukraine protected under CERD — Alternative or cumulative character of preconditions under Article 22 of CERD — Whether Ukraine making a genuine attempt to find a negotiated solution before filing the case — Admissibility of claims under CERD — Whether rule on exhaustion of local remedies applicable — Diplomatic protection — Alleged existence of a sustained campaign of racial discrimination

Terrorism — Treaties — Interpretation — Scope — International Convention for the Suppression of the Financing of Terrorism, 1999 (“ICSFT”) — Vienna Convention on the Law of Treaties, 1969 — Interpretation of Article 2 of ICSFT — Whether ICSFT applying to terrorism financing by State officials — Meaning of “funds”, “knowledge”, “intention” and “purpose” matters for merits — Whether Court having jurisdiction to entertain Ukraine’s claims under ICSFT — Whether preliminary objection to be upheld

Human rights — Treaties — Interpretation — Scope — International Convention on the Elimination of All Forms of Racial Discrimination, 1966 (“CERD”) — Whether acts of which Ukraine complains constituting “discrimination” within meaning of Article 1 of CERD matter for merits — Whether rights invoked by Ukraine protected under CERD — Interpretation of Article 22 of CERD — Alternative or cumulative character of preconditions — Whether Ukraine making a genuine attempt to negotiate settlement of dispute — Whether Court having jurisdiction to entertain Ukraine’s claims under CERD — Whether preliminary objection to admissibility of Ukraine’s claims to be upheld