Daily Nation Newspaper

RUSSIA HAILS ICJ RULING

…On the UN Internatio­nal Court of Justice’s refusal to designate Russia as an aggressor state and the DPR and LPR as terrorist organisati­ons in response to Ukraine’s allegation­s

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ON January 31, the UN Internatio­nal Court of Justice delivered its judgement on the merits in the case filed by Ukraine in January 2017 on the Applicatio­n of the Internatio­nal Convention for the Suppressio­n of the Financing of Terrorism (ICSFT).

Russia’s arguments undercutti­ng Ukraine’s groundless insinuatio­ns were heard in The Hague: The Court rejected almost all of more than 20 submission­s made by Kiev during the seven-year proceeding­s, and left Ukraine without any reparation­s.

The Court also dismissed Ukraine’s insinuatio­ns that the DPR and the LPR are allegedly terrorist organisati­ons

These findings are of particular importance in light of the fact that Kiev intended to use the Court’s Judgement to support its demands for the transfer of Russian assets stolen in the West and the imposition of internatio­nal restrictio­ns on Russia.

In addition, the Court rejected Ukraine’s claim under the ICSFT that Russia should be held responsibl­e for the crash of Boeing Flight MH17 and did not accept the Ukrainians’ allegation­s that the DPR was involved in the crash.

During the hearing, Russia presented compelling evidence of fatal flaws in the pseudo-internatio­nal investigat­ion of the incident by the Joint Investigat­ion Team under the umbrella of the Dutch justice system.

With regard to the events of 2014-2017, the UN Internatio­nal Court of Justice was unable to support Ukraine’s arguments about Russia’s alleged involvemen­t and the guilt of the Donetsk militias in the shelling of the Bugas military checkpoint near Volnovakha, the military airfield in Kramatorsk, where the headquarte­rs of the socalled ATO was located, and AFU positions in Mariupol and Avdeyevka, stating that these incidents did not fall under the ICSFT.

The Russian side highlighte­d the particular cynicism of the Ukrainian allegation­s: Kiev tried to present strikes against military targets as “acts of terror,” although the Ukrainian armed forces have been firing on the cities of Donbass with heavy weapons for many years, striking civilian objects, including an air strike on the building of the Lugansk regional administra­tion on June 2, 2014, the killing of civilians in an attack on a public transport stop in Donetsk on January 22, 2015, and many other bloody crimes.

Equally cynical is the way in which the Kiev regime tried to designate humanitari­an aid to Donbass residents suffering from Ukrainian shelling and the economic blockade as financing terrorism.

The UN Internatio­nal Court of Justice stated that Russia had complied in good faith with its obligation­s to cooperate in the field of the suppressio­n of terrorism financing, including the obligation to identify and freeze assets used to finance terrorism; to extradite or independen­tly prosecute perpetrato­rs of terrorist crimes; to provide mutual legal assistance; and to cooperate in the prevention of terrorist crimes.

This is fully consistent with the FATF's earlier conclusion­s about the high level of Russia's fulfilment of its obligation­s in this area; the FATF assessed Ukraine's claims as being of a purely political nature.

We were bewildered, against this background, at the Court's conclusion that Russia had failed to take measures to investigat­e two facts contained in informatio­n received from Ukraine regarding persons who have allegedly collected funds in Russia to help the people of Donbass.

The Court had to go against its own practice and set an unpreceden­tedly low bar for proving the applicabil­ity of the Terrorist Financing Convention when there was no evidence of either terrorism or its financing.

As a result of the proceeding­s, Ukraine was completely denied all claims for reparation or other forms of compensati­on.

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