Ukraine 'terror' case against Russia largely rejected by ICJ

The United Nations' top court on Wednesday ruled that Russia had partially violated an anti-terrorism treaty by failing to investigate the funding of pro-Russian separatists in Ukraine, including those who shot down Malaysia Airlines flight MH17 in 2014.

However, the International Court of Justice (ICJ) declined to rule on whether Russia bore responsibility for the downing of the civilian aircraft and refused to order that Moscow pay compensation to victims as requested by Kyiv.

In 2017, Ukraine asked the ICJ to find Russia guilty of breaching obligations under two UN treaties, which both countries signed, and order it to pay reparations to Ukrainian civilians caught up in Russia's war of aggression as well as to the families of victims of the Malaysia Airlines downing.

What did the court say? 

The court ruled that under the terms of the international convention on terrorism financing, only cash transfers could be considered support for alleged terrorist groups.

The ICJ opinion said, this "does not include the means used to commit acts of terrorism, including weapons or training camps."

"Consequently," the opinion continued, "the alleged supply of weapons to various armed groups operating in Ukraine... fall outside the material scope" of the anti-terrorism financing convention. 

Ultimately, the ICJ rejected most of Ukraine's pleas, finding only that Russia was, "failing to take measures to investigate facts... regarding persons who have allegedly committed an offense."

An ICJ statement said the court "rejects all other submissions made by the Ukraine."

Ukraine also claimed Russia violated a human rights treaty by discriminating against ethnic Tatars and Ukrainians in Crimea, the peninsula that Russia illegally annexed from Ukraine in 2014.

Regarding this point, the ICJ said Russia had violated the UN's anti-discrimination treaty by failing to protect Ukrainian-language education in Crimea. The ICJ cited statistics showing enrollment in Ukrainian-language courses plummeted in the aftermath of Moscow's 2014 annexation.

Still, the ICJ did not grant Ukraine compensation and rejected other claims of discrimination against ethnic Tatars and Ukrainians after 2014.

Case pre-dates Russian invasion 

The case was brought before Moscow launched its full-scale invasion of Ukraine in February 2022.

Russia's ambassador to the Netherlands, Alexander Shulgin, accused Ukraine of, "blatant lies and false accusations… even before this court."

Ukrainian diplomat Anton Korynevych countered that Russia was intent on trying to, "wipe us off the map.",

"Beginning in 2014, Russia illegally occupied Crimea and then engaged in a campaign of cultural erasure, taking aim at ethnic Ukrainians and Crimean Tatars."

The ICJ refrained from ruling against Moscow in 2017, saying Ukraine had not provided clear evidence that Russian funds had been used, "to cause death or serious bodily harm to a civilian."

At the time, the ICJ did, however, order Moscow to remove "limitations" on Ukrainians and Crimean Tatars living on the occupied peninsula. 

js/wmr (AFP, Reuters)