ICJ Says It Won't Impose Measures Against Russia In Case Brought By Kyiv
Source: Radio Free Europe/Radio Liberty
The International Court of Justice (ICJ) in The Hague said on April 19 that it would not impose measures ordering Russia to stop funding and equipping pro-Russia separatists as part of a case brought against Moscow by Ukraine. ...
When Ukraine lodged its case in January, Kyiv said Russia has stepped up its interference in Ukraine's affairs since 2014, "intervening militarily
financing acts of terrorism and violating the human rights of millions of Ukraine's citizens, including, for all too many, their right to life." ... Moscow rejects the allegations. It has said the terrorism claims are "neither factual nor legal" and argued that the ICJ does not have jurisdiction over the case. ... Although the ICJs rulings are final and binding, it has no means of enforcement.
Read more: https://www.rferl.org/a/icj-to-issue-ruling-on-ukraine-case-against-russia/28438420.html
From the ICJ ruling:
... In the present case, the acts to which Ukraine refers ... have given rise to the death and injury of a large number of civilians. However, in order to determine whether the rights for which Ukraine seeks protection are at least plausible, it is necessary to ascertain whether there are sufficient reasons for considering that the ... elements of intention or knowledge ... and the element of purpose ... are present. At this stage of the proceedings, Ukraine has not put before the Court evidence which affords a sufficient basis to find it plausible that these elements are present. Therefore, the Court concludes that the conditions required for the indication of provisional measures in respect of the rights alleged by Ukraine on the basis of the ICSFT are not met.
... Reminding the Russian Federation of its duty to comply with its obligations under CERD, the Court considers that, with regard to the situation in Crimea, the Russian Federation must refrain, pending the final decision in the case, from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions, including the Mejlis. In addition, the Russian Federation must ensure the availability of education in the Ukrainian language.
... With regard to the situation in eastern Ukraine, the Court reminds the Parties that the Security Council, in its resolution 2202 (2015), endorsed the Package of Measures for the Implementation of the Minsk Agreements ... The Court expects the Parties, through individual and joint efforts, to work for the full implementation of this Package of Measures in order to achieve a peaceful settlement of the conflict in the eastern regions of Ukraine. ...
http://www.icj-cij.org/docket/files/166/19394.pdf
Rustyeye77
(2,736 posts)They should be ashamed of themselves but they are shameless.
Thanks for posting.
Not many people will reply here but this shows the ICJ is as useless as the UN.
TomVilmer
(1,832 posts)I do not believe Ukraine expected a decision, that would end the war - they were mostly trying to get some publicity on their heavy problems. ICJ is making decisions based on the material given by the parties, and Ukraine did not bring solid evidence for most of their claims. All the court could do then was a statement to expect that the Parties, through individual and joint efforts, to work for the full implementation of this Package of Measures in order to achieve a peaceful settlement of the conflict in the eastern regions of Ukraine...
The Courts role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions. In 1935 ICJ prevented a stupid war between my country Denmark and Norway - and they might be part of a coming Arctic solution with Russia. I do not believe the ICJ and the UN are useless - but they only have the power given by the countries involved. Russia do not care about ICJ in Ukraine, but the North Pole is a more clear juridical question, which they might accept.