The decision of the International Court of Justice on the refusal to take temporary measures against Russia's actions under the suit of Ukraine regarding the financing of terrorism in the Donbas is positive for the Ukrainian side on a number of aspects, said the Deputy Foreign Minister, the head of the Ukrainian delegation to the UN Secretary-General Elena Zerkal.
Commenting on the court's decision on Facebook, the deputy minister noted the following features:.
- The Court supported Ukraine's position that the events that Ukraine presented are subject to the Convention;.
- The court upheld the position of Ukraine regarding the compliance with the pre-trial procedure;.
- The court formally recognized prima facie (provisional) jurisdiction over the Convention;.
- The court found insufficient evidence of "plausibility" of the rights.
"In this case, the events that Ukraine refers to have resulted in the death and trauma of a large number of civilians. However, in order to recognize whether the rights that seek to protect Ukraine are truthful for application, it is necessary to determine whether there are sufficient grounds to believe that the other components specified in the first part of Article 2 [of the Convention], such as intention or awareness [ Executors] and the element of the objective specified in part 1 (b) of Article 2 [of the Convention]. At this stage of the procedure, Ukraine did not provide the Court with evidence that would give enough grounds to consider it plausible that these components are present, "she said..
Mirror stressed that, with an eye to the fact that this is the Court's first decision on this Convention, its approach is very constructive.
"The court recognized the logic of Ukraine in the approaches to the application of the Convention on counteracting the financing of terrorism, Ukraine has a sufficient understanding of what kind of evidence we will be presenting at the hearings stage in fact," she concluded..
The Deputy Minister also noted that the Court expects the parties to the conflict to work on the full implementation of "Minsk".
Earlier, the International Court of Justice in The Hague denied temporary measures against Russia on the suit of Ukraine regarding the financing of terrorism of the Donbass and human rights violations in the anecdotal Crimea. In particular, the court decided that according to the Convention on Combating the Financing of Terrorism, there are no grounds for this.
At the same time, the Court agreed to the introduction of temporary measures in the matter of discrimination of national minorities in the Crimea.
Recall, March 6, the International Court of Justice in The Hague began to consider a suit of Ukraine, demanding that Russia be brought to justice "for the support of terrorists" in the east of Ukraine and for discriminatory actions in the Crimea.
Ukraine accuses Russia of violating the two UN conventions to which both countries are parties - the international convention on combating the financing of terrorism in connection with the support of terrorists in the Donbass, and the international convention on the elimination of all forms of racial discrimination in connection with the violation of rights and the persecution of Crimean Tatars and Ukrainians On the peninsula.
On March 9, after the completion of the four-day hearings, the court proceeded to consider the decision to impose temporary measures against the Russian Federation.