Add The Wire As Your Trusted Source
HomePoliticsEconomyWorldSecurityLawScienceSocietyCultureEditors-PickVideo
Advertisement

ICJ Rejects Most Accusations in the Ukraine's 'Terror' Case Against Russia

The International Court of Justice declined to rule on whether Russia bore responsibility for the downing of the civilian aircraft and refused to order that Moscow pay compensation to victims as requested by Kyiv.
DW
Feb 01 2024
  • whatsapp
  • fb
  • twitter
The International Court of Justice declined to rule on whether Russia bore responsibility for the downing of the civilian aircraft and refused to order that Moscow pay compensation to victims as requested by Kyiv.
A makeshift memorial at Schiphol Airport for the victims of Flight MH17. Photo: Wikimedia Commons/ Roman Boed/CC BY 2.0 DEED
Advertisement

The United Nations' top court on Wednesday ruled that Russia had partially violated an anti-terrorism treaty by failing to investigate the funding of pro-Russian separatists in Ukraine, including those who shot down Malaysia Airlines flight MH17 in 2014.

However, the International Court of Justice (ICJ) declined to rule on whether Russia bore responsibility for the downing of the civilian aircraft and refused to order that Moscow pay compensation to victims as requested by Kyiv.

In 2017, Ukraine asked the ICJ to find Russia guilty of breaching obligations under two UN treaties, which both countries signed, and order it to pay reparations to Ukrainian civilians caught up in Russia's war of aggression as well as to the families of victims of the Malaysia Airlines downing.

Advertisement

What did the court say? 

The court ruled that under the terms of the international convention on terrorism financing, only cash transfers could be considered support for alleged terrorist groups.

Advertisement

The ICJ opinion said, this "does not include the means used to commit acts of terrorism, including weapons or training camps."

"Consequently," the opinion continued, "the alleged supply of weapons to various armed groups operating in Ukraine... fall outside the material scope" of the anti-terrorism financing convention. 

Ultimately, the ICJ rejected most of Ukraine's pleas, finding only that Russia was, "failing to take measures to investigate facts... regarding persons who have allegedly committed an offense."

An ICJ statement said the court "rejects all other submissions made by the Ukraine."

Ukraine also claimed Russia violated a human rights treaty by discriminating against ethnic Tatars and Ukrainians in Crimea, the peninsula that Russia illegally annexed from Ukraine in 2014.

Regarding this point, the ICJ said Russia had violated the UN's anti-discrimination treaty by failing to protect Ukrainian-language education in Crimea. The ICJ cited statistics showing enrollment in Ukrainian-language courses plummeted in the aftermath of Moscow's 2014 annexation.

Still, the ICJ did not grant Ukraine compensation and rejected other claims of discrimination against ethnic Tatars and Ukrainians after 2014.

Case pre-dates Russian invasion 

The case was brought before Moscow launched its full-scale invasion of Ukraine in February 2022.

Russia's ambassador to the Netherlands, Alexander Shulgin, accused Ukraine of, "blatant lies and false accusations… even before this court."

Ukrainian diplomat Anton Korynevych countered that Russia was intent on trying to, "wipe us off the map."

"Beginning in 2014, Russia illegally occupied Crimea and then engaged in a campaign of cultural erasure, taking aim at ethnic Ukrainians and Crimean Tatars."

The ICJ refrained from ruling against Moscow in 2017, saying Ukraine had not provided clear evidence that Russian funds had been used, "to cause death or serious bodily harm to a civilian."

At the time, the ICJ did, however, order Moscow to remove "limitations" on Ukrainians and Crimean Tatars living on the occupied peninsula.

This article first appeared on DW.

This article went live on February first, two thousand twenty four, at fifty-nine minutes past eleven in the morning.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.

Advertisement
Make a contribution to Independent Journalism
Advertisement
View in Desktop Mode