This abstract presents a thorough examination of the notable 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)" before the International Court of Justice (ICJ). The case serves as a prime example of the complex interplay of legal frameworks addressing issues related to terrorism financing, racial discrimination, and their implications on Economic, Social, and Cultural Rights (ESCR), alongside other human rights violations and crimes. The initial sections of the paper lay the groundwork by detailing Ukraine's allegations against the Russian Federation, accusing it of breaching the International Convention for the Suppression of the Financing of Terrorism through alleged support to illegal armed groups, resulting in acts of terrorism on Ukrainian soil, including the tragic incident involving Malaysia Airlines Flight MH17. Additionally, Ukraine asserts violations of the International Convention on the Elimination of All Forms of Racial Discrimination, claiming systematic discrimination against Ukrainian and Crimean Tatar communities, particularly in Crimea following its annexation. The analysis proceeds to examine the procedural and substantive legal contentions put forth by both Ukraine and the Russian Federation, shedding light on the unique legal issues arising from the case concerning the interpretation and application of the two conventions. It underscores the ICJ's pivotal role in interpreting these international instruments amidst contemporary geopolitical conflicts and the complexities posed by asymmetric warfare and non-state actors. Furthermore, the paper explores the linkages between breaches of the conventions and broader human rights considerations, with a specific focus on Economic, Social, and Cultural Rights (ESCR).
It argues that the financing of terrorism and racial discrimination have far-reaching implications for the realization of ESCR, as they can exacerbate poverty, hinder access to education and healthcare, and disrupt social cohesion. By undermining the economic and social infrastructure, these violations perpetuate a cycle of deprivation and discrimination that extends beyond the immediate victims. Additionally, the analysis extends to the interrelation between the alleged violations and other forms of human rights abuses, including the potential for acts of terrorism to constitute crimes against humanity, and the systemic discrimination against ethnic groups to trigger international concerns over genocide and ethnic cleansing. It critically examines how the intersectionality of human rights violations requires a holistic approach to international law that encompasses the protection of civil, political, economic, social, and cultural rights. The paper concludes by reflecting on the broader implications of the case for international legal practice and the enforcement of international human rights norms. It underscores the importance of international judicial mechanisms in addressing complex human rights issues and the need for robust international cooperation to prevent the financing of terrorism and eliminate racial discrimination. The case study serves as a pivotal reference point for understanding the dynamic interplay between different facets of international law and human rights, highlighting the challenges and opportunities for advancing global justice and human dignity.
Comments