ICJ Holds Russia Liable

ICJ Holds Russia Liable

January 31, 2024, Global Arbitration Review

Marney Cheek, David Zionts, and Jonathan Gimblett’s commentary was included in a Global Arbitration Review article covering Covington’s representation of Ukraine in an International Court of Justice (ICJ) case against Russia. The ICJ found that Russia breached international conventions against the financing of terrorism and racial discrimination following its annexation of the Crimean Peninsula.

Marney told Global Arbitration Review that the ruling “is a historic day for Ukraine, and for international law. This is the first time ever that the World Court has held the Russian Federation accountable for its violations of international law.”

By eleven votes to four, the court held that Russia failed to comply with provisional measures the court ordered in 2017, which required Russia to refrain from limiting the ability of the Crimean Tatar community to conserve its representative institutions including the Mejlis.

By ten votes to five, the court also held that Russia had breached a provisional measure refraining the state from aggravating the dispute. The court found that Russia later recognized the DPR and LPR as independent states and launched a so-called “special military operation” against Ukraine, which it said "severely undermined the basis for mutual trust and co-operation and thus made the dispute more difficult to resolve."

Reflecting on the case, David said: “When Ukraine faced terror and violence in its Donbas region starting in 2014, it asked for Russia’s cooperation. Russia refused. Today, the World Court sent the important message that this violated international law.”

Jonathan added, “The Court’s judgment sends a clear message to Russia that it must bring this discriminatory policy to an end.”

The ruling is not appealable.

The GAR article also highlights the full Covington team, which included Marney Cheek, David Zionts, Jonathan Gimblett, Clovis Trevino, Volodymyr Shkilevych, Paris Aboro, Amanda Tuninetti, Ariel Rosenbaum, Minwoo Kim, Paul Strauch, Gabriel Gates, and Gaby Vasquez.