Skip to main content

Failed ICJ Case Against Russia Backfires, Paves Way for Genocide Charges Against Ukraine

by Kit Klarenberg 

Part 2 - Damning finding after damning finding
 
In its first judgment, the ICJ ruled the Donbas and Lugansk People’s Republics were not “terrorist” entities, as “[neither] group has previously been characterized as being terrorist in nature by an organ of the United Nations” and could not be branded such simply because Kiev labeled them so. This gravely undermined Ukraine’s allegations of Russia “funding…terrorist groups” in Donbas, let alone committing “terrorist” acts there itself.

Other revelatory findings reinforced this bombshell. The ICJ held that Moscow wasn’t liable for committing or even failing to prevent terrorism, as the Kremlin had no “reasonable grounds to suspect” material provided by Ukraine, including details of “accounts, bank cards and other financial instruments” allegedly used by accused “terrorists” in Donbas, were used for such purposes. Moscow was also ruled to have launched investigations into “alleged offenders” but concluded they “d[id] not exist… or their location could not be identified”.

Nonetheless, the ICJ ruled that Moscow had failed “to investigate allegations of the commission of terrorism financing offenses by alleged offenders present in its territory.” This was due to the Kremlin not providing “additional information” upon Kiev’s request and failing to “specify to Ukraine what further information may have been required.” Ironically, judges conversely condemned Kiev’s allegations of “terrorism” by Russia as “vague and highly generalized,” based on highly dubious evidence and documentation, including – strikingly – Western media reports:

                                  The Court has held that certain materials, such as press articles and extracts from publications, are regarded ‘not as evidence capable of proving facts.’

The ICJ was also highly condemnatory of the quality of witnesses and witness evidence produced by Kiev to support these charges. Judges were particularly scathing of Ukraine’s reliance on testimony supporting a systematic, state-sanctioned “pattern of racial discrimination” discrimination against Ukrainians and Tatars in Crimea since 2014. Statements attesting to this were “collected many years after the relevant events” and “not supported by corroborating documentation”:

                                          The reports relied on by Ukraine are of limited value in confirming that the relevant measures are of a racially discriminatory character…Ukraine has not demonstrated… reasonable grounds to suspect that racial discrimination had taken place, which should have prompted the Russian authorities to investigate.


Elsewhere, Ukraine argued that “legal consequences” for residents of Crimea if they opted to maintain Ukrainian citizenship post-2014 and a “steep decline in the number of students receiving their school education in the Ukrainian language between 2014 and 2016,” amounting to an alleged 80% drop in the first year and a further 50% reduction in 2015, were signifiers of a discriminatory environment for non-Russians in the peninsula.

In support, Kiev submitted witness statements from parents claiming they were “subjected to harassment and manipulative conduct with a view to deterring” their children from receiving “instruction in Ukrainian,” which judges did not accept. By contrast, Moscow provided testimony not only demonstrating that parents made a “genuine” choice “not subject to pressure” to have their children taught in Russian but also “unresponsiveness on the part of parents to some teachers’ active encouragement [emphasis added] to continue having their children receive instruction in Ukrainian.

The ICJ lent weight to these submissions, noting, “It is undisputed that no such decline has taken place with respect to school education in other languages, including the Crimean Tatar language.” Judges attributed much of the drop in demand for Ukrainian language “school instruction” to “a dominant Russian cultural environment and the departure of thousands of pro-Ukrainian Crimean residents to mainland Ukraine.” Moscow moreover “produced evidence substantiating its attempts at preserving Ukrainian cultural heritage and… explanations for the measures undertaken with respect to that heritage.

Russia supplied documentation showing that “Ukrainian and Crimean Tatar organizations have been successful in applying to hold events” in the peninsula. In contrast, “multiple events organized by ethnic Russians have been denied.” Evidently, Russian authorities are even-handed towards Crimea’s population – the color of someone’s passport and their mother tongue are immaterial. On the same grounds, judges rejected Kiev’s accusation that “measures taken against Crimean Tatar and Ukrainian media outlets were based on the ethnic origin of the persons affiliated with them.

Still, the Court contradictorily concluded Russia “violated its obligations of the International Convention on the Elimination of Racial Discrimination,” as Moscow “[did not demonstrate] that it complied with its duty to protect the rights of ethnic Ukrainians from a disparate adverse effect based on their ethnic origin.

Comments

Popular posts from this blog

Day 1828: After five years, Julian Assange still in prison and under slow-motion execution by the Anglo-American imperialist criminals

failed evolution   On 11 April 2019, the Ecuadorian government of traitor Lenin Moreno, invited the Metropolitan Police into the Ecuadorian embassy in London, and they arrested Julian Assange . Since then, Assange is kept in Belmarsh high security prison in London, without actual charges.   The real reason world's number one political prisoner is still kept in this high security prison, is because he exposed horrendous war crimes carried out by the US imperialists and their allies.   The ruthless Western imperialist regime wants to punish the No1 real journalist in the world and make him an example for any Whistleblower or real journalist who will attempt to expose its big crimes in the future.   And the Anglo-American axis has now become officially a fascist coalition , framed by the rest of its Western pets. UK's Home Secretary Priti Patel, one of the most ruthless ever, decided to extradite Julian Assange to US. No surprise of course. The only question we had in mind is

Seymour Hersh - CIA Covers Up Nord Stream Bombing & Corruption Continues in Ukraine

davidekyo    

US sends troops & weapons to Taiwan. Is it preparing war on China?

Geopolitical Economy Report   The US government has sent troops to Taiwan, just a few kilometers from mainland China, while also selling billions of dollars of weapons and military equipment. Is Washington preparing for war? Ben Norton analyzes the geopolitical situation.  

Zionist criminals admit on camera genocide & destruction of UN facilities

The Grayzone   Journalist Jeremy Loffredo joins The Grayzone to discuss his shocking and highly revelatory video report from inside the ranks of the Israeli nationalists blocking aid to Gaza with the quiet support of their government. Loffredo explains how he gained access to the demonstrators and the unsettling scenes he witnessed while filming his exclusive Grayzone documentary.

Η μαύρη επταετία του καθεστώτος Μητσοτάκη

globinfo freexchange   Όπως έχουμε ήδη αναφέρει σε προηγούμενο άρθρο , η παντοδυναμία του καθεστώτος Μητσοτάκη στηρίζεται σε πήλινα πόδια. Τώρα, σε κανονικές συνθήκες, (έτσι βέβαια όπως τις αντιλαμβάνονται τα κέντρα αποφάσεων της Ευρωπαϊκής Ένωσης), οι γραφειοφασίστες των Βρυξελλών και το διευθυντήριο του Βερολίνου φροντίζουν όλο και πιο συχνά να διαμηνύουν στις κυβερνήσεις ότι "το πάρτι τελείωσε".  Αυτό σημαίνει καταρχήν σκληρή λιτότητα. Και επειδή κανείς δεν ξέρει στην πραγματικότητα πόσο χρήμα μοιράστηκε στην προηγούμενη θητεία Μητσοτάκη, πάνω και κάτω από το τραπέζι, προς διάφορες κατευθύνσεις, προκειμένου το καθεστώς να ανανεώσει το ραντεβού του με την εξουσία, είναι πολύ πιθανό να αρχίσει να εμφανίζεται στον ορίζοντα ένας σοβαρός εκτροχιασμός των δημοσιονομικών στόχων και άρα των πολύ σκληρών όρων που επιβλήθηκαν στην κυβέρνηση Τσίπρα με αντάλλαγμα τη ρύθμιση του χρέους. Αυτό, με λίγα λόγια, σημαίνει δεύτερη επίσημη χρεοκοπία.   Και αυτό, με τη σειρά του, σ

Yanis Varoufakis Banned from Germany as Berlin Police Raid & Shut Down Palestinian Conference

Democracy Now!   As Germany intensifies its crackdown on pro-Palestinian voices, Democracy Now! spoke with Greek economist and politician Yanis Varoufakis, one of the planned speakers at a conference in Berlin last weekend that was forcibly shut down by police. The Palestine Congress was scheduled to be held for three days, but police stormed the venue as the first panelist spoke.    Germany's Interior Ministry had also banned some conference speakers from even entering the country, including Varoufakis, the Palestinian British surgeon Ghassan Abu-Sittah and the Palestinian researcher Salman Abu Sitta.    " This is not about protecting Jewish lives and Jews from antisemitism. It's all about protecting the right of Israel to commit any war crime of its choice, " says Varoufakis.    Varoufakis speaks also about freeing Julian Assange and his new book Technofeudalism .      Related: Germany again on a dark path towards fascism

The wounded US imperialist beast becomes more dangerous than ever as desperately seeks to start a WWIII

globinfo freexchange   It seems that the declining Western superpower is losing ground and tries hardly to avoid the inevitable.    The US imperialist beast, despite all the destruction that causes, is failing to fulfill its utter objectives. Which in short, are the dissolution of Russia and China, looting their vast resources, as well as the full expansion of the destructive neoliberal model throughout these areas and other countries allied with the Sino-Russian bloc.   Most importantly, the wounded beast is loosing much of its strength due to the rapid de-dollarization that has started approximately ten years ago, as dollar had become the front line of the US imperialist sweeping force since the early 70s.   As if nothing has changed, the beast insists on using the same tools to prevail in the global geopolitical field, ignoring the unprecedented changes and complexities under current circumstances.    In a move (as it seems) of desperation, the United States House of Representative

Πως θα καταλάβετε ότι το καθεστώς Μητσοτάκη είναι ότι χειρότερο έχει κυβερνήσει τη χώρα στη μεταπολίτευση

Από τον μέγα ηγέτη Μωυσή ως τον αντίπαλο λαό, μια θητεία Μητσοτάκη δρόμος     globinfo freexchange   Αν ακόμα δεν έχετε πάρει χαμπάρι με τι άθλια διακυβέρνηση έχουμε να κάνουμε.   Αν δεν σας έπεισε η καταστροφική διαχείριση της πανδημίας, οι υποκλοπές, τα Τέμπη, το ρεκόρ καμένων δασών, η ακρίβεια, τα υπερκέρδη των καρτέλ, η διάλυση του συστήματος υγείας και τόσα άλλα.  Τότε μάλλον ανήκετε στην κατηγορία των ανθρώπων που είναι εξαιρετικά επιρρεπείς στην επικοινωνιακή καταιγίδα του καθεστώτος Μητσοτάκη, με την οποία επιχειρεί να κρύψει τον όλεθρο που σπέρνει στο διάβα του. Όμως αν είναι όντως έτσι, ίσως να σας πείσει η δραματική αλλαγή του επικοινωνιακού αφηγήματος του μιντιακού προπαγανδιστικού μηχανισμού, που απεικονίζει το μέγεθος της αποτυχίας της διακυβέρνησης Μητσοτάκη. Θυμηθείτε ότι με την έναρξη της πρώτης θητείας Μητσοτάκη, ο μηχανισμός προπαγάνδας παρουσίαζε τον ίδιο τον Μητσοτάκη ως τον μέγα ηγέτη που βγάζει την Ελλάδα από το περιθώριο, χρησιμοποιώντας πολλές φορές και υπερβολ

LEAKED: How Israel Calculates the Non-Value of Civilian Life in Gaza

Glenn Greenwald    

The Invasion of Gaza's Resources Begins: Jared Kushner, the EU, Egypt & US

Richard Medhurst   Jared Kushner, Donald Trump's son in law who previously tried to steal land in the Middle East from Arabs has said that Israel should empty the Gaza strip of civilians. He said that " Gaza's waterfront property could be very valuable ". He then proceeded to suggest ethnic cleansing: " move the people out and clean it [Gaza] up " Simultaneously, the transfer of billions of dollars from the European Union (7.4b EUR), the International Monetery Fund ($8b) and the United Arab Emirates ($32b) to Egypt: an attempt to buy Sisi's silence perhaps? The United States is also shipping 1000 troops and a firm "Fogbow", owned by a former CIA officer and USMC veteran, in order to build a pier in Gaza. These events do not seem like a coincidence. Medhurst explains why this relates to theft of gas and building of a canal in Gaza.   Related: Zionist and US imperialist criminals are about to grab the natural gas off shore Gaza