Виступ делегації України на пленарному засіданні ГА ООН щодо звіту Міжнародного суду ООН
As prepared. Check against delivery
Mr. President,
We welcome the President of the International Court of Justice to the General Assembly and are grateful for his comprehensive presentation of the Report. This year’s report shows that the workload of the Court continues to grow. The geographical spread and variety of subject-matters of cases are also very illustrative which confirm the importance and universality of this judicial organ and the general character of its jurisdiction.
The discussion we have today is another confirmation of the effectiveness of pacific settlement of international disputes and the fact that it has no alternative. Moreover, in accordance with Article 2 (3) and its detailed elaboration in Article 33 of the Charter of the United Nations it is an obligation to settle any international dispute peacefully.
In this regard, we fully support the statement in the Report that the Court remains one of the important parts of the mechanism established by the UN Charter for the peaceful settlement of disputes between states, and of the system for maintaining international peace and security in general.
The decisions of the Court are of paramount significance for maintaining and promoting the rule of law, and they contribute to developing and clarifying international law. We value the Court’s work on publications and presentation of the Court to the public, as well as publicizing its decisions by means of multimedia platforms, social media, ICJ website and the mobile phone application.
We noted with appreciation the update by the Registry of the film about the Court on the occasion of the Court’s seventieth anniversary celebrations. It is available in a large number of languages on the Court’s YouTube channel, including in Ukrainian.
Mr. President,
As in previous years this Report also indicates, that more and more states turn to the Court to seek protection of their rights and the rights of their people. This confirms the trust of states in the ability of the Court and its members to administrate justice.
The legal questions that are under the consideration of the Court are vitally important not only to the Parties of disputes but to the international community as they will inform future application and interpretation of different spheres of international law, including various bilateral and multilateral treaties.
The meaning “principal judicial organ” stresses the independent status of the Court in the sense that it is not subordinate or accountable to any external authority in the exercise of its judicial functions. The main task of this honourable institution is “to ensure respect for the international law of which it is the principal organ”.
Even though the nature of the Court is to be guided by tradition and precedent, we note that the Court is ready to face modern challenges and recent amendment of its Rules is a good example.
We note that the provisional measures regulations have also been amended.
Mr. President,
The President of the Court in his speech in the 56th session of the General Assembly expressed its hope that the Court’s contribution to the maintenance of international peace and security would thereby be enhanced by prescribing provisional measures.
There is not any room for doubt that such measures, which are ordered by the Court as a matter of urgency and for the purpose of safeguarding the rights of the parties, are binding on them. The recent practice of the ICJ is to reaffirm and emphasize in its orders on provisional measures, by reference to Article 41 of the Statute, create international legal obligations for parties to whom the provisional measures are addressed.
Unfortunately, not all states respect the Court’s orders and take real measures to implement those orders in good faith.
Mr. President,
Following its unlawful occupation of Crimea, Russia launched a wide-ranging campaign of cultural erasure directed against the Crimean Tatar and Ukrainian communities. Russia has engaged in the collective punishment of whole ethnic groups in illegally occupied Crimea. People continue to be unlawfully detained and disappeared; the Mejlis is banned; culturally important gatherings are suppressed; education in the Crimean Tatar and Ukrainian languages is restricted; and media from these disfavored communities are intimidated. This constitutes a massive violation of the International Convention on the Elimination of all Forms of Racial Discrimination.
I would like to recall the ICJ Order on provisional measures of 19 April 2017 in the case instituted by Ukraine against the Russian Federation on the interpretation and 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.
In its decision, the Court required Russia, among other things, and I quote to “refrain from maintaining or imposing limitations on the ability of the Crimean Tatar community to preserve its representative institutions, including the Mejlis.” end of quote.
More than two years have passed and it has become apparent that Russia does not consider that it must suspend its discriminatory ban on the Mejlis under the language of the ICJ’s Order.
This Order continues to be ignored despite its binding nature. The failure of the Russian Federation to comply with the Order is reflected in the General Assembly resolutions. Moreover, the General Assembly strongly condemned the continuing and total disregard by the Russian Federation for its obligations under the Charter of the United Nations and international law regarding its legal responsibility for the occupied Ukrainian territory.
In its first report on the Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, the Secretary-General with reference to OHCHR stated that the activities of the Mejlis remained outlawed in Crimea as of 30 June 2019, despite the order of the ICJ. The authorities of the Russian Federation are called by the Secretary-General to respect the right to peaceful assembly and to lift restrictions imposed on the Crimean Tatar community, including the ban on the Mejlis, in order to preserve its representative institutions.
I would also like to use this opportunity and to recall the other part of the Order, and here I quote to “ensure the availability of education in the Ukrainian language” end of quote and we ascertain — it has also not been implemented.
The mentioned Secretary-General report indicated a decrease in the availability of education in the Ukrainian language and stated that, since 2014, there has been an increased tendency towards the Russian language becoming the predominant language of instruction in Crimea. The Secretary-General also urged the authorities of the Russian Federation to ensure the availability of education in the Ukrainian language.
By ignoring the Order of the ICJ Russia continues violating a binding decision, revealing an unfortunate attitude to the Court, to the UN Charter and to international law. In this regard, we call upon the international community to insist that Russia abide by international law, including the binding rulings of the International Court of Justice.
Mr. President,
In this regard I would like to note the International Court of Justice next Friday will deliver its order on Russia’s preliminary objections in the case on the interpretation and 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 instituted by Ukraine.
The decision is of paramount importance for Ukraine and its people.
Ukraine is looking forward to hearing the decision, being committed to the rule of law and peaceful settlement of disputes. Ukraine will of course respect the Court’s decision. I would like to use this opportunity to express Ukraine’s hope and expectation that the Russian Federation will also respect and strictly follow the Court’s orders and judgments.
Mr. President,
The work of the Court is part of a broader UN system focused on international peace and security. That system is of vital importance to countries such as Ukraine who believe in the rule of law and the peaceful settlement of disputes between states. Ukraine looks forward to continuing to work within the UN system with like-minded countries to promote peace, justice, and the rule of law.
Thank you.