Associate professor Iryna Marchuk publishes a blog post on EJIL:Talk! – University of Copenhagen

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27 January 2017

Associate professor Iryna Marchuk publishes a blog post on EJIL:Talk!

Iryna Marchuk’s blog post on EJIL:Talk! deals with Ukraine’s lawsuit against Russia at the International Court of Justice alleging the violations of the International Convention for the Suppression of the Financing of Terrorism (Terrorism Financing Convention) and the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

In her blog post, she discusses a number of jurisdictional and substantive law issues that the ICJ judges will face when deciding how to proceed with the case given its highly politicized context.  She concludes that despite very bleak prospects of the ICJ going into the substance of the claims under the Terrorism Financing Convention, Ukraine has better chances to succeed with its claims under CERD.

However, the ICJ will not provide answers that Ukraine wants to hear on the use of force and the legality of Crimea’s unilateral cessation, as it is limited to the examination of claims that strictly fall within CERD. Therefore, she argues that if Ukraine wants to get answers to those questions, it should consider lobbying for the initiation of advisory proceedings before the ICJ at the request of the UNGA.

The full text of the blog post can be found here.

Iryna is affiliated with the Faculty’s Research Group on International Crime and Criminal Law iCRIM.