Ukraine Files Suit Against Russia

On January 16th, Ukraine began proceedings against Russia at the International Court of Justice in regards to Russia’s involvement in the current conflict between government forces and pro-Russian separatists in Crimea. The lawsuit is based on alleged violations of the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999 (Financing Terrorism Convention) and the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965 (CERD), which both states have signed and ratified.

In the proceedings, Ukraine lists multiple allegations against Russia, including that they are violating the Financing Terrorism Convention by “Supplying funds, including in-kind contributions of weapons and training, to illegal armed groups that engage in acts of terrorism in Ukraine”. Ukraine also alleges that Russia has a state policy of cultural erasure in Crimea, is suppressing, discriminating against, and silencing non-Russian minorities in Crimea through various means, in addition to holding an illegal referendum on Crimea in March 2014.

For the alleged violations against the Financing Terrorism Convention, Ukraine is demanding that Russia ceases all support and funding of separatist factions and is seeking reparations from Russia for the shelling of civilians in Volnovakha, Mariupol and Kramatorsk, the bombing of civilians in Kharkiv and the shooting down of Malaysian Airlines Flight MH17. In relation to the violations of the CERD, Ukraine is demanding that Russia cease their policy of cultural erasure and stop their suppression of and discrimination against non-Russian minorities in Crimea.

The International Court of Justice has not made any comment on the case.

Ukraine has previously submitted a case to the International Criminal Court, alleging that Russia has committed crimes against humanity on its territory since the Maidan protests of 2014.

Since the Crimea Referendum, Russia’s subsequent annexation in 2014 and the continuing conflict thereafter, the death toll in the Ukraine stands at 9,598, with 22,311 injured and 1.1 million people displaced as of 30th November 2016 according to the United Nations High Commissioner for Refugees (UNHCR). The ongoing conflict has damaged infrastructure with many not having access to necessities such as electricity, water or sanitation. The United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) estimates that 3.8 million people in Ukraine require humanitarian assistance.

Moscow has responded that they will fight the lawsuit using all available means. If the outcome of the court’s proceedings is favorable to Ukraine, then it could potentially instigate legal steps to seize and/or freeze Russia’s assets as well as reducing the violence that is currently occurring in Ukraine. At the very least, it highlights the illegality of Russia’s actions in Crimea and provides an avenue for Ukraine to seek justice through non-violent means.

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