New issue of the HSE Journal of International Law 2024

A new issue of the HSE Journal of International Law was published in June, in which Adam Nalgiev, Victoria Polshakova and Anna Gavkalyuk, research interns of the Laboratory International Justice, published comments on the first judgment on the merits for Russia before the International Court Justice (the “ICJ”), namely in a case on the Application of the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russia).

The researchers analyzed the issues of the jurisdiction of the court in this case, with a special focus on the application of the “clean hands” doctrine in inter-state proceedings. The authors also examined the standard of proof and admissibility of evidence with special attention paid to the possibility of proving discrimination based on statistical data. In the final part, the authors expressed their thoughts on the issues of liability, namely whether it was proportionate to grant satisfaction for Ukraine's claims to the violations of the conventions found by the ICJ. Moreover, the researched expressed their views on the significance of interim measures in this case, in particular, they analyzed consequences of breach of interim measures for the consideration of the whole dispute. The decision in the case concerning the application of the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation) is a truly high-profile case, so it is particularly valuable that the Laboratory of International Justice to analyse it in terms of the impact of the court's findings on the further development of international law.