bismun’20jan 17, 2020 · h i s tor y the conflict started on march 3, 2014, when unmarked...
Post on 08-Oct-2020
3 Views
Preview:
TRANSCRIPT
BISMUN’20
Advocates’ Edition
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
(Ukraine v. Russian Federation)
Committee: The International Court of Justice
Student Officers: Mohamed Labib & Yusuf Khaled
Table of Contents
Introduction 2
History 3
Timeline 3
Key Terms 4
Previous Attempts 6
Conclusion 8
Useful Resources 9
References 10
1
Introduction 1
The International Court of Justice (ICJ) is one of the main 6 organs in the United Nations. In
fact, it is the only judicial court of the UN. It was formulated in June 1945 and began work in
April 1946. The ICJ is located in The Hague, Netherlands. The International Court of Justice has
two main functions: to settle in accordance with international law, legal disputes submitted by
States and to give advisory opinions on legal questions referred to it by authorized UN organs
and specialized agencies. 2
The Russo-Ukrainian war is a series of Russian military
actions that started in 2014 in the regions of Donbas and
the Cremianan peninsula. Such militarized intervention
include, but are not limited to; armed patrols around the
regions and the detention of Ukrainian officials.
Moreover, such intervention caused a great deal of
diplomatic turbulence inside the country including certain
crimes committed by Russian-funded activists, which is a
Russian violation of CERD and the ICSFT. This case shall be discussed in the International
Court of Justice since it correctly correlates with the ICJ’s main functions including: “To settle
in accordance with international law the legal disputes submitted by states”. In which Ukraine
submitted an application against Russia due to its alleged international law trespasses, which
creates a legal dispute that needs to be resolved.
1 Photo used: “File:2014 Russo-Ukrainian-Conflict Map.svg.” File:2014 Russo-Ukrainian-Conflict Map.svg - Wikimedia Commons, commons.wikimedia.org/wiki/File:2014_Russo-ukrainian-conflict_map.svg. 2 "Cour internationale de Justice - International Court of Justice ...." https://www.icj-cij.org/. Accessed 17 Jan. 2020.
2
History
The conflict started on March 3, 2014, when unmarked Russian soldiers invaded the Crimean
peninsula under Russian officials’ orders. That was the start of a disastrous slope of military 3
actions inside Ukraine. Furthermore, world states condemned the illegal annexation of the
peninsula stating that Russia had broken international laws in the process. The motivation for
such annexation isn’t clear; however, Putin regularly justifies the military intervention under the
claim that Crimea was always Russian land due to its overruling 80% ethnically Russian
majority.
Timeline
3 "Autonomous Republic of Crimea - GlobalSecurity.org." 16 Jan. 2019, https://www.globalsecurity.org/military/world/ukraine/arc.htm. Accessed 17 Jan. 2020.
3
Key Terms
Term Also known as Definition
Annexation The act or an instance of annexing, or adding to
something larger, especially the incorporation of new
territory into the domain of a city, country, or state 4
International
Convention for the
Suppression of the
Financing
of Terrorism
ICSFT The International Convention for the Suppression of the
Financing of Terrorism was adopted without a vote by the
United Nations General Assembly in New York on 9
December 1999. This instrument aims to facilitate the
prosecution of persons accused of involvement in the
financing of terrorist activities, by obliging States parties
to prosecute them or extradite them to another State that
has established its jurisdiction to try them. 5
International
Convention on the
Elimination of All
Forms of Racial
CERD
The International Convention on the Elimination of All
Forms of Racial Discrimination is a United Nations
convention. A third-generation human rights instrument,
the Convention commits its members to the elimination
4 "Annexation | Definition of Annexation at Dictionary.com." https://www.dictionary.com/browse/annexation. Accessed 18 Jan. 2020. 5 "International Convention for the Suppression of the Financing ...." https://legal.un.org/avl/pdf/ha/icsft/icsft_e.pdf. Accessed 18 Jan. 2020.
4
Discrimination of racial discrimination and the promotion of
understanding among all races. 6
Referendum
Is a direct and universal vote in which an entire electorate
is invited to vote on a particular proposal and can have
nationwide or local forms. 7
Donetsk People's
Republic
&
Luhansk People’s
Republic
DPR
&
LPR
The Donetsk People's Republic is a proto-state in the
Donetsk Oblast of Ukraine recognized only by the
partially recognized South Ossetia and Luhansk People's
Republic. Ukraine is at war with the DPR and LPR which
are both designated by Ukraine as terrorist organizations. 8
6 "International Convention on the Elimination of All Forms of ...." https://www.ohchr.org/en/professionalinterest/pages/cerd.aspx. Accessed 18 Jan. 2020. 7 "Referendum | Definition of Referendum by Merriam-Webster." https://www.merriam-webster.com/dictionary/referendum. Accessed 18 Jan. 2020. 8 "Donetsk People's Republic - The Multilingual Encyclopedia." https://tme.miraheze.org/wiki/Donetsk_People%27s_Republic. Accessed 18 Jan. 2020.
5
Previous Attempts 9
Independent attempts (3rd party):
a. “In an effort to break the impasse, a group of
American and Russian experts and former
officials—including an ex-director of Russia’s
Foreign Intelligence Service and a top Russia
advisor to George W. Bush—recently met on
an island in Finland. Working privately, in an
approach known as “Track II diplomacy,” they developed a plan for a possible high-level
diplomatic discussion on resolving the crisis in Ukraine.” 10
b. UNGA resolution 73/263: “Situation of human rights in the Autonomous Republic of 11
Crimea and the city of Sevastopol, Ukraine ''.The adoption of certain measures and actions
that will help towards the slow yet efficient resolution of the Russo-Ukrainian conflict
(Human-centered).
c. United Nations Security Council Resolution 2166: “concerning the shootdown of Malaysia 12
Airlines Flight 17:” condemning some Russian oriented militarized actions and look forward
to peaceful resolutions.
9 Photo used: “Everything You Wanted to Know about the Minsk Peace Deal, but Were Afraid to Ask · Euromaidan Press.” Euromaidan Press, euromaidanpress.com/minsk-agreements-faq/. 10 "A 24-Step Plan to Resolve the Ukraine Crisis - The Atlantic." 26 Aug. 2014, https://www.theatlantic.com/international/archive/2014/08/a-24-step-plan-to-resolve-the-ukraine-crisis/379121/. Accessed 17 Jan. 2020. 11 "Resolutions of the 73rd session - UN General Assembly." https://www.un.org/en/ga/73/resolutions.shtml. Accessed 17 Jan. 2020. 12 "Resolution 2166 - Security Council Report." https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/s_res_2166.pdf. Accessed 17 Jan. 2020.
6
d. The Minsk Agreements: “The Minsk Protocol (later known as Minsk-1) with the Minsk
Memorandum of September 2014 and the Package of Measures for the Implementation of the
Minsk Agreements (Minsk-2) are agreements between Ukraine and Russia to resolve the
conflict in eastern Ukraine.” 13
Ukrainian attempts:
➢ The Nato-Ukraineian commission met in Kyiv (a city well present in the Russo-Ukrainian
conflict) to discuss possible defensive actions that will possibly help in the protection of the
Ukraine both in and around the state, all in means of de-escalating the brutal conflict. This
meeting will be held alongside Ukrainian President Zelensky and other Ukrainian officials. 14
Russian-international attempts:
➢ Internal sources suggest that President Zelesnky of Ukraine will meet Russian president
Putin alongside French President Emmanuel Macron and German Chancellor Angela Merkel
in the hopes of finding possible solutions to the ongoing conflict between both states. 15
13 "Everything you wanted to know about the Minsk peace deal, but." http://euromaidanpress.com/minsk-agreements-faq/. Accessed 17 Jan. 2020. 14 "News: Statement of the NATO-Ukraine Commission ... - NATO." 31 Oct. 2019, https://www.nato.int/cps/en/natohq/official_texts_170408.htm. Accessed 17 Jan. 2020. 15 "Russia and Ukraine to meet in attempt to end conflict - RTE." 15 Nov. 2019, https://www.rte.ie/news/2019/1115/1091183-russia-ukraine-france/. Accessed 17 Jan. 2020.
7
Conclusion
Almost 6 years ago the Russian Federation illegally annexed the Ukrainian peninsula Crimea by
the justification that Crimea was perpetually Russian due to its 80% Russian ethnic majority.
This awoke a brutal conflict that isn’t only a diplomatic one, but also a racial and ethnic one.
After that annexation, racial discrimination was at an all-time high, causing a wave of violent
consequences across the region with the addition of the already established foundation of
terrorism. Racial discrimination has been present in the world for thousands of years now and
millions are still getting affected by it to this very day. Isn’t it finally time to eradicate such
nonsensical, odious, and violent threats? Furthermore, research insinuates that almost a total of
21,000 people have been killed by terrorist attacks in the last decade. It has reached a point that 16
makes the perseverance of the sacred human life unessential to the world’s agenda, and that
needs to change! So the International Court of Justice calls for its distinguished advocates and
honorable judges to finally eradicate such world fatalities.
16 "Terrorism - Our World in Data." https://ourworldindata.org/terrorism. Accessed 17 Jan. 2020.
8
Useful Resources
a. Useful websites
1. Ukraine Crisis Summary and Explanation
https://www.thebalance.com/ukraine-crisis-summary-and-explanation-3970462
2. Ukraine Crisis
https://edition.cnn.com/specials/europe/ukraine
b. Useful videos
1. Why Russia is invading Ukraine, explained in 2 minutes:
https://www.youtube.com/watch?v=u-qO42qjShg
2. Why Ukraine is trapped in endless conflict:
https://www.youtube.com/watch?v=Fb9U1uoYCOc
3. ICJ Case: Ukraine vs. Russian Federation, explained:
https://www.youtube.com/watch?v=Mm-nBeMTCWQ
4. Russian Roulette (Playlist):
https://www.youtube.com/playlist?list=PLw613M86o5o7a0FGlPRdt47xiDiggbNsZ
5. Ukraine’s Opening Statement in The Hague Court Against Russia:
https://www.youtube.com/watch?v=87u2osQikQw
9
References
1. "Ukraine places 17th in world terrorism rating | KyivPost ...."
https://www.kyivpost.com/ukraine-politics/ukraine-places-17th-world-terrorism-rating.html..
2. "Why Putin Took Crimea from the Ukraine - Foreign Affairs." 18 Apr. 2016,
https://www.foreignaffairs.com/articles/ukraine/2016-04-18/why-russian-president-putin-took-crimea-from-
ukraine.
3. "International Convention for the Suppression of the Financing ...."
https://www.un.org/law/cod/finterr.htm.
4. "Malaysia Airlines flight 17 | Background, Crash, Investigation ...."
https://www.britannica.com/event/Malaysia-Airlines-flight-17.
5. "Statement of the MFA of Ukraine on the terrorist attack on ...."
https://georgia.mfa.gov.ua/en/press-center/comments/2874-zajava-mzs-ukrajini-shhodo-obstrilu-teroristami
-mariupolya.
6. "Russian-backed Donbas militant admits to bombing Ukrainian ...." 11 Sep. 2019,
http://khpg.org/en/index.php?id=1567263023.
7. "In the Donetsk People's Republic, Russia Is Everywhere and ...." 21 Jul. 2015,
https://www.theatlantic.com/international/archive/2015/07/russia-ukraine-donetsk/398942/..
8. "A Message From Our High Command Of DPR, NATO And ...." 6 May. 2018,
http://nrt24.ru/en/news/message-our-high-command-dpr-nato-and-nazi-ukraine-will-not-stop-our-victory-ce
lebrations-and.
9. "Committee on the Elimination of Racial Discrimination - OHCHR."
https://www.ohchr.org/en/hrbodies/cerd/pages/cerdindex.aspx.
10
10. "Russia's new offensive in Ukraine should prompt stern sanctions." 26 Jan. 2015,
https://www.washingtonpost.com/opinions/russias-new-offensive-in-ukraine-should-prompt-stern-sanctions
-from-the-west/2015/01/26/8d9c7994-a582-11e4-a06b-9df2002b86a0_story.html.
11. "Russia-Imposed Authorities In Crimea Search More Crimean ...." 19 Jun. 2019,
https://www.rferl.org/a/russia-imposed-authorities-in-crimea-search-more-crimean-tatars-homes/30008149.
html.
12. "Autonomous Republic of Crimea - GlobalSecurity.org." 16 Jan. 2019,
https://www.globalsecurity.org/military/world/ukraine/arc.htm.
13. "International Convention on the Elimination of All Forms of ...."
https://www.ohchr.org/en/professionalinterest/pages/cerd.aspx.
14. "International Convention for the Suppression of the Financing ...."
https://legal.un.org/avl/pdf/ha/icsft/icsft_e.pdf.
15. "Donetsk People's Republic - The Multilingual Encyclopedia."
https://tme.miraheze.org/wiki/Donetsk_People%27s_Republic.
16. "A 24-Step Plan to Resolve the Ukraine Crisis - The Atlantic." 26 Aug. 2014,
https://www.theatlantic.com/international/archive/2014/08/a-24-step-plan-to-resolve-the-ukraine-crisis/379
121/.
17. "Resolutions of the 73rd session - UN General Assembly." https://www.un.org/en/ga/73/resolutions.shtml.
18. "Resolution 2166 - Security Council Report."
https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/s_re
s_2166.pdf.
19. "News: Statement of the NATO-Ukraine Commission ... - NATO." 31 Oct. 2019,
https://www.nato.int/cps/en/natohq/official_texts_170408.htm.
11
20. "Russia and Ukraine to meet in attempt to end conflict - RTE." 15 Nov. 2019,
https://www.rte.ie/news/2019/1115/1091183-russia-ukraine-france/.
12
top related