ICJ orders Russia to refrain from attacks on Mejlis and restrictions on educational rights of ethnic Ukrainians
The United Nations International Court of Justice (ICJ) has upheld the introduction of provisional measures against the Russian Federation to protect national minorities in Crimea.
The ICJ has obliged Russia to refrain from impeding the Crimean Tatar people to conserve its representative institutions and provide the availability of education in the Ukrainian language in occupied Crimea. The decision was delivered by court's President Ronny Abraham, Censor.NET reports citing the court's order.The court has granted a request of Ukraine to impose provisional measures against Russia under the International Convention on the Elimination of All Forms of Racial Discrimination.
According to Abraham, the court has concluded that the Crimean Tatars and ethnic minorities in occupied Crimea remain vulnerable.
"The Court is of the opinion that Crimean Tatars and ethnic Ukrainians in Crimea appear to remain vulnerable. In this regard, the Court takes note of recent reports by the Office of the United Nations High Commissioner for Human Rights concerning the human rights situation in Ukraine, and of the report of the OSCE Human Rights Assessment Mission on Crimea. The Court considers that these reports show, prima facie, that there have been limitations on the ability of the Crimean Tatars to choose their representative institutions, and restrictions in terms of the availability of Ukrainian-language education in Crimean schools," the court's president said.
In particular, the ICJ ordered the Russian Federation to:
- refrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to conserve its representative institutions, including the Mejlis;
- ensure the availability of education in the Ukrainian language.
On April 19, 2017, the ICJ announced an interim decision on the Ukraine v. Russia case. In particular, the court recognized its jurisdiction as regards the merits of the case. However, it overturned imposing provisional measures against the Russian Federation under the International Convention for the Suppression of the Financing of Terrorism. The court also ordered Ukraine and Russia to fully implement the Minsk agreements.
On Jan. 16, 2017, Ukraine filed a lawsuit with the International Court of Justice to hold Russian Federation accountable for acts of terrorism and ethnic discrimination in the course of its illegal aggression against Ukraine. The lawsuit is based on the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of All Forms of Racial Discrimination.
The hearing took place from March 6 to 9 inclusively. Ukraine presented its position on March 6, Russia - on March 7. On March 8-9, both sides presented their objections to each other's positions.
Earlier, President of Ukraine Petro Poroshenko stated: "Ukraine will be presenting evidence of Russia's crimes at the International Court of Justice in The Hague. The truth is stronger than weapons!" One day into the hearing, Poroshenko noted: "We expect rulings that will cut the supply of weapons to the occupied territory and stop reprisals the ethnic Ukrainians and Crimean Tatars are facing."
According to Foreign Minister Pavlo Klimkin, Ukraine's main goal in The Hague is to protect the life and rights of the Ukrainians. Ukraine had held some 40 meetings with the Russian Federation before filing the lawsuit with the ICJ.
The full text of the lawsuit is published on ICJ's official website.