In a major setback for Ukraine, the International Court of Justice (ICJ) has dismissed much of the case filed by Kyiv, which accused Russia of funding separatist rebels in eastern Ukraine. The court’s ruling stated that while Russia had failed to investigate alleged breaches, it could not conclusively determine Russian responsibility for the shooting down of Malaysia Airlines flight MH17.
Ukraine had accused Moscow of being a “terrorist state” and claimed that its support for pro-Russian separatists was a precursor to the full-scale invasion that occurred in 2022. The country also sought compensation for civilians affected by the conflict and the victims of the MH17 tragedy. However, the ICJ only ruled that Russia had “failed to take measures to investigate facts… regarding persons who have allegedly committed an offense.”
The court clarified that only cash transfers could be considered support for alleged “terrorist” groups under the international convention on terrorism financing, excluding the supply of weapons or training camps. Russia was ordered to investigate any plausible allegations of terrorism financing.
Furthermore, Russia was also accused of breaches of an international convention on racial discrimination due to its treatment of the Tatar minority and Ukrainian speakers in occupied Crimea. The court found that Russia had not done enough to enable education in Ukrainian.
During the hearings, both sides exchanged heated remarks. Russia’s ambassador to the Netherlands, Alexander Shulgin, accused Ukraine of “blatant lies and false accusations,” while Ukraine’s top diplomat, Anton Korynevych, accused Russia of trying to “wipe us off the map.”
The ICJ’s rulings are final and without appeal, but it lacks the means to enforce its decisions. On Friday, the court is expected to deliver another ruling on a case where Ukraine accuses Russia of falsely applying the UN’s Genocide Convention to justify its invasion.
This latest ruling by the ICJ has significant implications for the ongoing conflict between Ukraine and Russia. It highlights the challenges of holding countries accountable for alleged violations of international law and the difficulty of resolving disputes through legal means alone. The decision will undoubtedly have political and diplomatic ramifications, further shaping the dynamics of the conflict in eastern Ukraine.
