INt. court of justice



Lia Zertuche


Premma Mehta

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The Treaty on Friendship, Cooperation, and Partnership, also known as “The Big Treaty”, between Ukraine and the Russian Federation signed in 1997 by both states, aimed to fix the principle of strategic partnership, recognized the importance and consideration of the existing borders, and respect for each other’s territory, forming a mutual commitment not to use its either land to harm the security of the other. This treaty essentially stopped both states from invading one another and declaring war, however, Ukraine decided not to renew this treaty, along with various others, in September of 2018 due to continuous terrorism and violation of such treaty by the Russian Federation itself.

On 16 January 2017, Ukraine decided to take legal measures against the Russian Federation because Ukraine believed they had violated the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999 and the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965. 

Ukraine has made statements that the Russian Federation has been exercising governmental and military authority within Ukraine territory, set in motion a weaponized revolt against the authority of the state of Ukraine, and are “violating the human rights of millions of Ukraine citizens”. 

The Ukrainian state has also provided a list of specific acts of terrorism committed by the Russian Federation, which is as follows:

(a) The shoot-down of Malaysian Airlines Flight MH17;

(b) The shelling of civilians, including in Volnovakha, Mariupol, and Kramatorsk; and 

(c) The bombing of civilians, including in Kharkiv. 

The Russian Federation does not want to declare international responsibility by virtue of its sponorshiop of terrorism and failture to prevernt the financing of terrorism under the Convention. Ukraine has respectfully asked the Court to order the Russian Federation to immediately remove all groups and support, including weapons, from their state, and begin to exercise the correct control at the border between both territories to avoid further problematic situations. Ukraine also believes the Russian Federation should make full reperation for the shootdown of Malaysian Airlines Flight MH17, for the shelling of civilians in Volnovakha, Mariupol, Kramatorsk, and in Kharkiv, and for all other acts of terrorism performed by such Federation. 

On November 8th of 2019, the International Court of Justice rejected the objection raised by the Russian Federation to dismiss the claims that Ukraine had made under the International Convention on the Elimination of All Forms of Racial Discrimination. 

This issue remains unsettled seeing as the Russian Federation contains to raise preliminary objections concerning Ukraine’s allegations, The International Court must follow Article 24, paragraph 1 of the ICSFT, which reads as follows: “Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation within a reasonable time shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice, by application, in conformity with the Statute of the Court.” Essentially meaning that in six months the Court will be referred to for the final decision unless the disputants agree to another mode of settlement.

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