International Court of Justice Delivers Order on Provisional Measures in Ukraine v. Russia (April 19, 2017) [1]
On April 19, 2017, the International Court of Justice (ICJ) delivered its order [3] on Ukraine’s request for provisional measures in the case 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), rejecting Ukraine’s request for provisional measures to halt Russia’s support for rebels in eastern Ukraine and allowing measures requiring Russia to refrain from discrimination against the Crimean Tatar community. According to the press release [4], Ukraine requested provisional measures under the International Convention for the Suppression of the Financing of Terrorism (ICSFT), arguing that Russia violated the ICSFT by supplying weapons and training “to illegal armed groups that engage in acts of terrorism in Ukraine” and asking the Court order Russia to “immediately and unconditionally cease and desist from all support.” The Court found that although the acts Ukraine refers to have resulted in significant loss of civilian life, Ukraine did not provide sufficient evidence to demonstrate the elements required to prove a violation of the ICSFT are present. Ukraine also requested provisional measures under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), arguing that Russia banned the Mejlis, “the central self-governing institution of Crimean Tatar life,” and restricted the educational rights of ethnic Ukrainians, among other alleged violations. Here the Court found that these acts fulfill the condition of plausibility under the CERD and required Russia to “[r]efrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions, including the Mejlis” and to “[e]nsure the availability of education in the Ukrainian language.”