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

Abstract

International Court of Justice — Provisional measures — Terrorism — Racial discrimination — Prima facie jurisdiction — International Convention for the Suppression of the Financing of Terrorism, 1999 (“ICSFT”) — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (“CERD”) — Procedural preconditions to Court’s jurisdiction — Negotiation — Arbitration — Plausibility — Article 18 of ICSFT — Obligation to cooperate to prevent terrorism financing — Whether Ukraine proving that alleged acts constituting breach of Article 18 of ICSFT — Articles 2-5 of CERD — Right to education — Whether restrictions on Ukrainian-language education plausibly breaching right to education — Freedom of association — Whether banning of Mejlis plausibly breaching freedom of association — Irreparable prejudice — Urgency — Link between provisional measures requested and rights sought to be protected — Measures to prevent extension and aggravation of dispute

Terrorism — Treaties — International Convention for the Suppression of the Financing of Terrorism, 1999 — Whether Court having prima facie jurisdiction under ICSFT — Article 18 of ICSFT — Obligation to cooperate to prevent terrorism financing — Whether Ukraine proving that alleged acts constituting breach of Article 18 of ICSFT — Whether provisional measures to be ordered

Human rights — Treaties — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Whether Court having prima facie jurisdiction under CERD — Articles 2-5 of CERD — Right to education — Whether restrictions on Ukrainian-language education plausibly breaching right to education — Freedom of association — Whether banning of Mejlis plausibly breaching freedom of association — Whether provisional measures to be ordered