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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 Russia)

2017; University of Melbourne; Volume: 18; Issue: 2 Linguagem: Inglês

1444-8610

Iryna Marchuk,

War, Law, and Justice

With the annexation of Crimea by Russia and escalation of the conflict in eastern Ukraine fuelled by Russia's alleged support of the separatist groups, Ukraine is embroiled in a bitter standoff with its neighbour. In the absence of an openly declared war between the two countries, the 'battlefield' has moved to courtrooms of international courts, in which Ukraine attempts to reinstate its rights. Ukraine has on many occasions condemned Russia's aggression against it, however, bringing a case against Russia before the International Court of Justice ('ICJ') for waging an aggressive war and the unlawful use of force was not an option in the absence of Russia's acceptance of the compulsory jurisdiction of the Court. Therefore, Ukraine's only avenue for bringing the case before the ICJ was to invoke a compromissory clause in a treaty ratified by both parties that provides for the possibility of judicial settlement in the ICJ.