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Russia prevails in the ICJ

01/02/24

The International Court of Justice (ICJ) has dismissed Ukraine’s case (Ukraine v Russian Federation) that Russia breached the International Convention for the Suppression of the Financing of Terrorism (“ICSFT”) by alleged support for the DPR and LPR in East Ukraine. The ICJ found that the ICSFT covered finance rather than disputed supply of materiel, which it was unnecessary to address (see Judgment, below, at paragraph 74). There was no proof of requisite intent.

The Court rejected four out of five alleged breaches of the ICSFT, only finding that Russia had not investigated sufficiently some particular instances of information supplied by Ukraine. It ordered none of the compensation that Ukraine had sought.

The Judgment is here.

Michael Swainston KC and Andrew Thomas appeared for the Russian Federation (instructed by Monastyrsky, Zyuba, Stepanov & Partners (MZS).

Press coverage:

Michael's and Andrew’s submissions on the intention and purpose requirements under the ICSFT, and on Ukraine’s factual case (especially re MH17), are here