Conclusion of the public hearings

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
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Press Release
Unofficial
No. 2023/30
14 June 2023
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) Conclusion of the public hearings
THE HAGUE, 14 June 2023. The public hearings on the merits in the case concerning 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) concluded today at the Peace Palace in The Hague, the seat of the Court.
The hearings, which opened on 6 June 2023, comprised two rounds of oral argument. The delegation of Ukraine was led by HE Mr Anton Korynevych, Ambassador-at-Large, Ministry of Foreign Affairs of Ukraine, as Agent, and HE Ms Oksana Zolotaryova, Director General for International Law, Ministry of Foreign Affairs of Ukraine, as Co-Agent. The delegation of the Russian Federation was led by HE Mr Gennady Kuzmin, Ambassador-at-Large, Ministry of Foreign Affairs of the Russian Federation, HE Mr Alexander Shulgin, Ambassador of the Russian Federation to the Kingdom of the Netherlands and HE Ms Maria Zabolotskaya, Deputy Permanent Representative of the Russian Federation to the United Nations, as Agents.
The final submissions of the Parties, made at the end of Ukraine’s oral arguments on Monday 12 June 2023, by HE Ms Oksana Zolotaryova, Co-Agent of Ukraine, and at the end of the Russian Federation’s oral arguments on Wednesday 14 June 2023, by HE Mr Alexander Shulgin, Agent of the Russian Federation, can be found on the website of the Court in verbatim records 2023/9 and 2023/10, respectively.
The Court will now begin its deliberation.
The Court’s decision will be delivered at a public sitting, the date of which will be announced in due course.
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History of the proceedings
On 16 January 2017, Ukraine filed an Application instituting proceedings against the Russian Federation concerning alleged violations of the International Convention for the Suppression of the Financing of Terrorism of 9 December 1999 (ICSFT) and of the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965 (CERD).
Ukraine claims that, since 2014, the Russian Federation, in breach of its obligations under the ICSFT, has instigated and sustained an armed insurrection against the authority of the Ukrainian State in eastern Ukraine. Ukraine also contends that, since 2014, the Russian Federation, in breach of its obligations under CERD, has created “a climate of violence and intimidation against non-Russian ethnic groups” in the Autonomous Republic of Crimea. Ukraine requests the Court to adjudge and declare that the Russian Federation has thus violated its obligations under the ICSFT and CERD, and that it must comply with those obligations and make reparation for the harm caused to Ukraine.
As basis for the jurisdiction of the Court, the Applicant invokes Article 24 of the ICSFT and Article 22 of CERD.
On 19 April 2017, the Court delivered its Order on the request for the indication of provisional measures, filed by Ukraine on 16 January 2017. It found, inter alia, that, with regard to the situation in Crimea, the Russian Federation must, in accordance with its obligations under CERD, (a) refrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions, including the Mejlis; and (b) ensure the availability of education in the Ukrainian language.
On 8 November 2019, the Court delivered its Judgment on the preliminary objections to the jurisdiction of the Court and the admissibility of the Application, raised by the Russian Federation on 12 September 2018. The Court concluded that it had jurisdiction to entertain the claims made by Ukraine on the basis of the ICSFT and CERD, and rejected the Russian Federation’s objection to admissibility in respect of the claims made by Ukraine under CERD.
The written proceedings were concluded in the case on 19 January 2023, with the filing of a rejoinder by the Russian Federation.
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Earlier press releases relating to this case are available on the Court’s website.
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Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents.
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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, through judgments which have binding force and are without appeal for the parties concerned, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.
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