15:30 04.06.2019

Russia's comments about jurisdiction of UN's ICJ shows its contempt for law, delaying hearing – Zerkal

5 min read
Russia's comments about jurisdiction of UN's ICJ shows its contempt for law, delaying hearing – Zerkal

 Ukraine's Deputy Foreign Affairs Minister for European Integration Olena Zerkal has said Russian objections regarding the jurisdiction of the UN International Court of Justice (ICJ) on violating terrorism financing conventions and radical discrimination an attempt to drag out the process in order to avoid responsibility.

"Yesterday, Russia showed its attitude to international law. This is disregard for the law and people of Ukraine. This is a dragging out of the process in order to avoid responsibility for its illegal behavior. This is a disfigurement of the principles of international law in order to legitimize its destructive activities. And finally, when all this doesn't work, the process of denial of all known facts comes into play," Zerkal said, speaking at the court in The Hague on Tuesday.

Zerkal said Russia had already committed numerous violations of international law, and now seeks to avoid responsibility for everything, without exception. The diplomat also drew the attention of the judges to the fact that the order of the court to restore the activity of the Mejlis in Crimea, as well as education in the Ukrainian language had not been implemented by Russia.

"Russia does not want this court to consider the case of Ukraine on the merits. But it is trying to create an alternative reality and manipulate the facts. Let's be frank: the version of the facts you heard yesterday is nonsense. Russia prematurely demands discussing the facts this week, because consideration on the merits, with a full and proper examination of all the evidence, Russia will unable to defend its behavior," she said.

Zerkal said Russia continues to distort the case, presenting it as politically motivated and contrived.

"This week you are faced with a single question – this is a question of jurisdiction. Mr. Chairman, the lawyers of Ukraine will present clear arguments, our case is presented for your consideration properly," she said.

As reported, on January 16, 2017, Ukraine filed a lawsuit with the UN International Court of Justice to hold Russia accountable for committing acts of terrorism and discrimination during its illegal aggression against Ukraine.

"Ukraine claims that Russia violates the Convention for the Suppression of the Financing of Terrorism by providing weapons and other forms of assistance to illegal armed groups that committed a number of acts of terrorism on the territory of Ukraine. The most tragic terrorist attacks of Russian puppets include the downed Malaysian Airlines flight MH17, shelling residential areas of Mariupol and Kramatorsk, the destruction of a civilian passenger bus near Volnovakha and a deadly explosion during a peaceful meetings in Kharkiv," Ukraine's Foreign Ministry said, stating the essence of the claim.

In addition, Ukraine claims Russia violates the Convention on the Elimination of All Forms of Racial Discrimination by participating in a campaign of discrimination against non-Russian communities living in the occupied territory of the Crimean peninsula, in particular, ethnic Ukrainians and Crimean Tatars.

"Starting with an illegal 'referendum' conducted in an atmosphere of intimidation, Russian occupation authorities pursue a policy of cultural destruction of these communities. Such a discriminatory policy was condemned by the UN General Assembly and manifested itself in prohibiting the activity of the Mejlis of the Crimean Tatar people in the wake of disappearances, murders, unauthorized searches, detention, attempts to stop broadcasting of media, as well as the restriction on the teaching of Ukrainian and Crimean Tatar language," the message of the Ministry of Foreign Affairs reads.

On April 19, 2017, the ICJ, under the claim of Ukraine against the Russian Federation, voiced the decision according to which Russia in Crimea was obliged to ensure the observance of the rights of the Crimean Tatars, to allow the activity of the Mejlis of the Crimean Tatar people and to ensure accessibility of education in the Ukrainian language.

On June 12, 2018, Ukraine filed a memorandum with the UN ICJ in a lawsuit against the Russian Federation on its violation of the conventions mentioned. In this memorandum, Ukraine demands that Russia immediately stop violating international conventions on combating the financing of terrorism and eliminating all forms of racial discrimination and pay Ukraine financial compensation for the damage caused to the country and the Ukrainian people as a result of violations by Russia.

On the same day, Ukrainian Foreign Minister Pavlo Klimkin said the submitted memorandum weighs about 90 kg, consists of 17,500 pages of text and is contained in 29 volumes.

In September 2018, the Russian side filed its objections about the absence of jurisdiction of the UN ICJ to consider a dispute on the claim of Ukraine about the violation of these conventions by Russia.

On January 14, 2019, Ukraine submitted written comments and position to the ICJ in response to objections from Russia. Ukraine claims that the court has jurisdiction to consider all claims of Ukraine. Kyiv said that it had provided all the necessary requirements for a pretrial settlement of the dispute, which gives the UN court jurisdiction to consider a dispute with the Russian Federation.

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