Verfassungsblog (Feb 2024)

A Shortcut at the Expense of Justice - <p>On the Judgment of the International Court of Justice in <em>Ukraine v. Russia</em></p>

  • Sergei Golubok

DOI
https://doi.org/10.59704/99150fc5a500bd3e
Journal volume & issue
no. 2366-7044

Abstract

Read online

On 31 January 2024, the International Court of Justice rendered its judgment on the merits of a case initiated by Ukraine against the Russian Federation in 2017. Ukraine alleged numerous violations by Russia of two treaties: the 1999 International Convention for the Suppression of the Financing of Terrorism and the 1965 International Convention on the Elimination of All Forms of Racial Discrimination. This blog post provides a brief overview of the decision and argues that the Court sidestepped the task of reconstructing what has happened in reality via judicial fact-finding. This approach comes at the expense of several legal errors. The harsh realities of the conflict and, most importantly, the human suffering on the territories of Ukraine occupied by Russia seem far removed from the grandeur of the Peace Palace.

Keywords