Russian media are reporting that the International Court of Justice (ICJ) “rejected” Ukraine’s request for provisional measures against the Russian Federation in the case Ukraine filed recently before the Court (my backgrounders are here, here, and here). Not surprisingly perhaps, these outlets are peddling an incomplete account.
While the ICJ did decline to issue provisional measures under the International Convention for the Suppression of the Financing of Terrorism (ICSFT), it did in fact issue provisional measures with respect to the Ukrainian claims founded on the Convention on the Elimination of all forms of Racial Discrimination (CERD). The full opinion is here.
In this regard, the ICJ—citing reports of the Office of the High Commissioner for Human Rights—found that the Crimean Tatars and ethnic Ukrainians in Crimea remain vulnerable when it comes to their full enjoyment of the political, civil, economic, social, and cultural rights set forth in Article 5 of CERD. In its order on provisional measures (akin to an injunction, which is issued prior to the Court reaching the full merits), the ICJ directed Russia to
- Make education in Ukrainian language available in Crimea,
- Refrain from imposing measures enabling Ukrainians to work through their representative institutions, such as the Mejlis, and
- Ensure the non-aggravation of the dispute between the parties.
The Court also reminded the parties of their obligations to implement the Package of Measures for the Implementation of the Minsk Agreements (2015) unanimously endorsed by the U.N. Security Council (Resolution 2202). Provisions of these Agreements call for the imposition of a comprehensive ceasefire, the removal of heavy weapons and foreign armed troops from regions of Ukraine, the disarmament of illegal groups, the creation of a security zone, etc. The Court indicated that it expects the parties
through individual and joint efforts, to work for the full implementation of this “Package of Measures” in order to achieve a peaceful settlement of the conflict in the eastern regions of Ukraine.