INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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Summary
Unofficial
Summary 2024/2
31 January 2024
Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation) Summary of the Judgment of 31 January 2024
I. GENERAL BACKGROUND (PARAS. 28-31)

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
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Press Release
Unofficial
No. 2024/8
31 January 2024
Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation) The Court delivers its Judgment in the case

SEPARATE OPINION, PARTLY CONCURRING AND PARTLY DISSENTING, OF JUDGE AD HOC TUZMUKHAMEDOV
Lack of evidence of terrorism financing — Lack of proof of terrorist intent.
No violation of Article 9 of ICSFT in light of absence of terrorism financing — Threshold adopted by the Majority for Article 9 of ICSFT too low — The Respondent fulfilled its obligations under Article 9 of ICSFT.
The meaning of “funds” excludes weapons — Treaty interpretation — Judicial practice.
The “clean hands” doctrine — Conditions met to apply the doctrine for ICSFT and CERD.

SEPARATE OPINION OF JUDGE AD HOC POCAR

DECLARATION OF JUDGE BRANT
[Translation]
1. I am in general agreement with the reasoning and conclusions of the Court as set out in the present Judgment. However, I cannot endorse the decision in subparagraph (5) of the operative clause, by which the Court finds that the Russian Federation, as a result of the measure banning the Mejlis, has violated the Order of 19 April 2017 indicating provisional measures. I therefore wish to set out briefly the reasons why I disagree with the majority of the Court on this aspect of the Judgment.

SEPARATE OPINION OF JUDGE CHARLESWORTH
Concept of “funds” in the International Convention for the Suppression of the Financing of Terrorism  Function of non-financial assets  Mental elements of the offence of terrorism financing.
Article 12 of the ICSFT  Unjustified delay as a failure to afford the greatest measure of assistance  Justification of a refusal to provide assistance.
Scope of Ukraine’s case under the International Convention on the Elimination of All Forms of Racial Discrimination  No requirement for a pattern of racial discrimination under CERD.

SEPARATE OPINION OF JUDGE IWASAWA
The Court rejects the clean hands doctrine as a defence on the merits in a situation where the respondent State argues that the applicant State has engaged in unlawful conduct  The Court does not address the applicability of the clean hands doctrine in investment arbitration.

SEPARATE OPINION OF JUDGE BHANDARI
Interpretation of Article 1 (1) of the International Convention for the Suppression of the Financing of Terrorism  Definition of “funds”  Meaning of “assets of every kind”  Term “assets of every kind” includes weapons.

DISSENTING OPINION OF JUDGE SEBUTINDE

DECLARATION OF JUDGE YUSUF