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Here’s why Ukraine is suing Russia in the International Court of Justice

Ukraine’s case in the ICJ looks like a device to avoid paying the likely High Court Judgment for payment of the $3 billion debt Ukraine owes Russia.

Alexander Mercouris

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The case Ukraine is bringing in the International Court of Justice is attracting scant international attention and has been almost entirely ignored by Western governments and by the Western media.  Having said this it is an interesting case which begs a number of obvious questions.

Ukraine’s claim is set out in an indictment which apparently runs to 45 pages.  The summary of its claim, which is dated 17th January 2017, can be found here.

Essentially Ukraine is demanding compensation from Russia for the damage it says Russia has done to Ukraine through its aggression in eastern Ukraine and because of the harm Ukraine alleges Russia is doing to the Ukrainian and Tatar minorities in Crimea.

Two questions about this case immediately stand out: (1) its timing; and (2) why does it fail to ask that the International Court of Justice declare that Crimea’s unification with Russia is contrary to international law?

(1) Timing of the Case

The case was brought on 16th January 2017, three years after the Maidan coup, three years after Ukraine and Russia found themselves in conflict with each other, and almost three years after Crimea seceded from Ukraine and united with Russia and eastern Ukraine rose up against the new Maidan government in Kiev.

Why has this case been brought only now?

There is in fact an obvious answer to this question.  In January 2017, when this case was brought, the High Court in London finished hearing Russia’s application for summary Judgment in the case Russia has brought against Ukraine for payment of the $3 billion eurobond debt Ukraine owes Russia.  A decision is expected in April.

Ukraine’s defence in this case is that it does not owe Russia any money because of the amount of the $3 billion debt has been extinguished by the far greater amount Ukraine says Russia owes Ukraine arising from the damage Russia did to Ukraine as a result of its aggression in eastern Ukraine.

I have always said that I believe that the High Court is likely to rule that it has no jurisdiction to hear this defence to the Russian claim.  Way back on 21st April 2015, long before the case was brought, I explained why I thought this defence was unlikely to succeed

The debt is not repayable because Russia has made its repayment impossible by committing military aggression against Ukraine

Russia categorically denies it is committing aggression against Ukraine.

The Russians would undoubtedly argue that the question of whether or not Russia is committing aggression against Ukraine has been answered in their favour by Ukraine’s signature to the Minsk Memorandum. This treats the Ukrainian conflict as a civil war and commits Ukraine to a process for its settlement.

The High Court would anyway almost certainly refuse to look at this question. It would probably again say this a matter for the International Court of Justice. It is anyway doubtful even if Ukraine could persuade the High Court that Russia had committed aggression against Ukraine that this cancels Ukraine’s whole debt.

(bold italics added)

It seems to me that what has happened is that Ukraine’s lawyers have now given Ukraine the same advice.

They must have told Ukraine that Ukraine is likely to lose the case in the High Court because the High Court will almost certainly say it has no jurisdiction to hear Ukraine’s defence since the question of whether Ukraine is entitled to compensation from Russia because of Russia’s alleged aggression against Ukraine is not an issue the High Court in London is able to decide.  The High Court will almost certainly say this is a matter for the International Court of Justice.

Ukraine has therefore brought its claim in the International Court of Justice in order to pre-empt what looks like a Judgment against it in the High Court.

Possibly Ukraine is hoping to persuade the High Court to stay enforcement of its Judgment until after the International Court of Justice has made its decision.  If so then it is unlikely to succeed.  The High Court is most unlikely to order a stay of one of its Judgment for payment of a debt until another court makes a ruling on an entirely different matter.

More likely Ukraine is hoping to persuade the IMF – with which it is currently negotiating for further funding, and whose Board is due to review its lending to Ukraine on 20th March 2017 – to disregard any Judgment the High Court makes which declares Ukraine in default of its debt to Russia on the grounds that the question of whether Ukraine owes money to Russia will not be finally decided until the International Court of Justice makes its decision.

Russia is a member of the exclusive Paris Club of creditors.  The IMF is supposed to stop all lending to Ukraine if the High Court declares Ukraine is in default of its debt to a member of the Paris Club.  Presumably Ukraine is hoping that the IMF, which has already relaxed this rule, will set it aside completely in Ukraine’s favour on the basis that the question of whether Ukraine owes money to Russia will not be finally decided until the International Court of Justice makes its decision.

If this is the argument Ukraine intends to make to the IMF (which I suspect it is) then legally speaking it is desperate.

Even if Ukraine wins its case against Russia in the International Court of Justice, any compensation it is awarded cannot be enforced against Russia through the ordinary courts.  It would be entirely up to Russia to decide whether or not to pay it.  Russia would almost certainly refuse to pay it.

By contrast since the claim Russia is bringing against Ukraine in the High Court is for payment of a eurobond (which is a promissory note) any Judgment Russia obtains against Ukraine can be enforced immediately.

There are therefore no logical or legal grounds for the IMF to say that Ukraine is not in default to Russia if the High Court says it is, simply because Ukraine is bringing a case against Russia in the International Court of Justice.

At this point however a word of caution is in order.  Since the IMF has been lending to Ukraine for essentially political reasons all along, a cynic might say it will accept whatever argument Ukraine makes however legally dubious or threadbare it might be so that it can continue lending to Ukraine irrespective of what it’s own rules say.

All I would say about that is that that may indeed happen but if it does then legally speaking we are in unknown territory, with the Russians quite possibly in that case seeking to enforce their Judgment by taking legal action in the US and European commercial courts to seize Ukraine’s IMF bailout funds.  That would be an extraordinary and unprecedented situation, and I do not know what the eventual outcome or the long term repercussions would be, and I doubt anyone else does either.  However I suspect the long term repercussions would be huge, and I also suspect that there are people within the IMF’s bureaucracy who think the same and who will if only for that reason be counselling against it.

The High Court is expected to decide whether or not to grant Russia’s application for summary Judgment in April.  The stakes could not be higher.  That makes it understandable why Ukraine has brought its case in the International Court of Justice now, however desperate legally speaking that course might be.

(2) Crimea

Putting aside these highly technical (though potentially very important) issues,  the single most striking omission in the case is that though Ukraine repeatedly refers in its claim to Crimea’s unification with Russia as an ‘illegal occupation’, and claims compensation for the alleged ‘discrimination’ and ‘oppression’ by Russia of Ukrainian and Crimean Tatar minorities in Crimea, it does not actually seek a declaration from the International Court that the unification of Crimea with Russia is contrary to international law.

The reason Ukraine has failed to do this is because its lawyers have undoubtedly advised it that if it were to seek such a declaration the International Court of Justice would refuse to grant it.

This is because the International Court of Justice in its Advisory Opinion on Kosovo has previously ruled that a declaration of independence made by the people of a territory declaring themselves independent of a country to which that territory belongs are not acting contrary to international law even if their action is made unilaterally, is backed by the use of force (including outside force), and is contrary to the constitutional arrangements and laws of the country from which they are declaring themselves independent.

The Western powers lobbied the International Court of Justice hard to obtain the Advisory Opinion on Kosovo.  When they obtained it they hailed it as a famous victory.  Since then they have come to regret it bitterly, and since Crimea cited it in its unilateral declaration of independence from Ukraine they have completely stopped talking about it.

The Russians by contrast talk about the Advisory Opinion on Kosovo whenever the subject of the alleged ‘illegality’ of Crimea’s unification with Russia is brought up.  President Putin was the first to do so in the speech he made immediately following Crimea’s unification with Russia on 18th March 2014

As it declared independence and decided to hold a referendum, the Supreme Council of Crimea referred to the United Nations Charter, which speaks of the right of nations to self-determination. Incidentally, I would like to remind you that when Ukraine seceded from the USSR it did exactly the same thing, almost word for word. Ukraine used this right, yet the residents of Crimea are denied it. Why is that?

Moreover, the Crimean authorities referred to the well-known Kosovo precedent – a precedent our western colleagues created with their own hands in a very similar situation, when they agreed that the unilateral separation of Kosovo from Serbia, exactly what Crimea is doing now, was legitimate and did not require any permission from the country’s central authorities. Pursuant to Article 2, Chapter 1 of the United Nations Charter, the UN International Court agreed with this approach and made the following comment in its ruling of July 22, 2010, and I quote: “No general prohibition may be inferred from the practice of the Security Council with regard to declarations of independence,” and “General international law contains no prohibition on declarations of independence.” Crystal clear, as they say.

I do not like to resort to quotes, but in this case, I cannot help it. Here is a quote from another official document: the Written Statement of the United States of America of April 17, 2009, submitted to the same UN International Court in connection with the hearings on Kosovo. Again, I quote: “Declarations of independence may, and often do, violate domestic legislation. However, this does not make them violations of international law.” End of quote. They wrote this, disseminated it all over the world, had everyone agreed and now they are outraged. Over what? The actions of Crimean people completely fit in with these instructions, as it were. For some reason, things that Kosovo Albanians (and we have full respect for them) were permitted to do, Russians, Ukrainians and Crimean Tatars in Crimea are not allowed. Again, one wonders why.

(bold italics added)

By failing to ask the International Court of Justice to declare Crimea’s secession from Ukraine and subsequent union with Russia to be contrary to international law Ukraine appears to be conceding the point.  Though Ukraine and its Western allies will doubtless go on calling Crimea’s secession from Ukraine ‘illegal’, in terms of international law there are actually no grounds to do so.  Ukraine’s conduct of its case in the International Court of Justice effectively admits as much.

As to the eventual outcome of the case, I am not an expert in this field.  I understand the Russians are denying that the International Court of Justice has the jurisdiction to hear the case.   I suspect they are right and that the International Court of Justice will agree with them.

Even if it doesn’t and even if the case goes to a full hearing – which may take years – I doubt Ukraine will be able to prove many of the claims it is making, or that it will achieve much or indeed anything in the end by bringing the case.  The stony silence of Western governments and of the Western media about the case all but says as much.

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‘Hell on Earth’: MSF doctor tells RT of rape, violence, inhumane conditions in Lesbos refugee camp

One toilet for over 70 people, rape, and mental health issues – a doctor from Doctors Without Borders (MSF) and an aid worker told RT about the dire conditions in the overcrowded Moria refugee camp in Greece.

Alex Christoforou

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Via RT


One toilet for over 70 people, rape, and mental health issues – a doctor from Doctors Without Borders (MSF) and an aid worker told RT about the dire conditions in the overcrowded Moria refugee camp in Greece.

The overcrowded camp on the island of Lesbos, built to accommodate 3,100, houses around 9,000 people. “It’s a kind of hell on Earth in Europe,” Dr. Alessandro Barberio, an MSF clinical psychiatrist, said, adding that people in the camp suffer from lack of water and medical care. “It is impossible to stay there,” he said.

According to Barberio, asylum seekers are subjected to violence “during night and day.””There is also sexual violence”which leads to “mental health issues,” he said, adding that all categories of people at the camp may be subjected to it. “There is rape against men, women and children,” and the victims of sexual violence in the camp often have nightmares and hallucinations, Barberio told RT.

Asylum seekers in Moria “are in constant fear of violence,” and these fears are not groundless, the psychiatrist said. “Such cases [of violence] take place every week.”

There is “one toilet for 72 people, one shower for 84 people. The sanitation is bad. People are suffering from bad conditions,” Michael Raeber, an aid worker at the camp, told RT. They suffer from mental health problems because they are kept for a long time in the camp, according to Raeber.

“There is no perspective, they don’t know how their case will go on, when they will ever be able to leave the island.” The camp is a “place where there is no rule of law,” with rampant violence and drug addiction among the inhabitants, Raeber said.

In its latest report, MSF, which has been working near Moria since late 2017, criticized the unprecedented health crisis in the camp – one of the biggest in Greece. About a third of the camp population consists of children, and many of them have harmed themselves, and have thought about or attempted suicide, according to the group.

Barberio was behind an MSF open letter on the state of emergency in Moria, released on Monday, in which he writes that he has never “witnessed such overwhelming numbers of people suffering from serious mental health conditions.”

Calling the camp an “island prison,” he insisted that many of his patients in the camp are unable to perform basic everyday functions, “such as sleeping, eating well, maintaining personal hygiene, and communicating.”

A number of human rights groups have strongly criticized the conditions at the camp and Greece’s “containment policy”regarding asylum seekers.

Christina Kalogirou, the regional governor of the North Aegean, which includes Lesbos, has repeatedly threatened to shut down the facility unless the government improves the conditions. On Tuesday, government spokesman Dimitris Tzanakopoulos said that Greece will move 2,000 asylum seekers out of the severely overcrowded camp and send them to the mainland by the end of September.

Greece, like other EU states, is experiencing the worst refugee crisis since WWII. According to International Organization for Migration estimates, 22,000 asylum seekers have arrived in Greece since the start of this year alone.

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Erdogan accepts Syria DMZ off-ramp, in deal with Putin (Video)

The Duran – News in Review – Episode 111.

Alex Christoforou

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The deal struck in Sochi averts a large scale Syria’s offensive on Idlib, as Turkey gives it guarantee to monitor what will effectively become a demilitarized zone.

According to the agreement, troops from Russia and Turkey will enforce a new demilitarized zone (DMZ) in Idlib, from which ISIS/Al Qaeda rebels will be required to withdraw by the middle of next month.

Speaking alongside Erdogan, Russian President Vladimir Putin said the 15 to 20 km-wide zone would be established by October 15th. The DMZ would require a complete “withdrawal of all radical fighters” from Idlib, including the rebranded Al-Qaeda affiliated Hay’et Tahrir al-Sham (HTS).

Putin also noted that heavy weapons would be withdrawn from the DMZ by all opposition forces by October 10th, which is a move supported by the Syrian government.

The Russian President described the agreement as a “serious result” further saying that “Russia and Turkey have confirmed their determination to counter terrorism in Syria in all its forms”.

Erdogan said both his country and Russia would carry out coordinated patrols in the demilitarized zone:

“We decided on the establishment of a region that is cleaned of weapons between the areas which are under the control of the opposition and the regime.”

“In return, we will ensure that radical groups, which we will designate together with Russia, won’t be active in the relevant area.”

According to Al Jazeera Iran’s foreign minister has hailed an agreement between Turkey and Russia to avert an assault on the Syrian rebel-held Idlib province, as an example of “responsible diplomacy”.

An agreement to halt plans for an offensive on the last major rebel-held stronghold was announced in the Black Sea resort of Sochi on Monday after a meeting between the Russian President Vladimir Putin and his Turkish counterpart Recep Tayyip Erdogan.

On his Twitter account, Zarif wrote: “Intensive responsible diplomacy over the last few weeks-pursued in my visits to Ankara & Damascus, followed by the Iran-Russia-Turkey Summit in Tehran and the meeting (in) Sochi-is succeeding to avert war in #Idlib with a firm commitment to fight extremist terror. Diplomacy works.”

The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris discuss the agreement reached in Sochi, which for now avoids full scale conflict in Idlib, Syria. Who won, who lost, and which interests were met with the DMZ agreement?

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Via Xinhuanet

An anticipated Syrian military offensive on the northwestern province of Idlib is on hold after Turkey and Russia reached a deal following Ankara’s guarantee on behalf of the rebel groups, experts said.

The deal was reached Monday by Turkish President Recep Tayyip Erdogan and his Russian counterpart Vladimir Putin in Sochi, Russia, as the two sides agreed to create a demilitarized buffer zone in Idlib, the last rebel stronghold.

This agreement brings Turkey to a position of giving a guarantee on behalf of the rebel groups, the experts said.

“Moscow is convinced that it would not be able to handle the burden of a humanitarian tragedy in case of a military offensive in Idlib,” said Metin Gurcan, a Turkish security analyst with the Istanbul Policy Center of Sabanci University.

Russia has also secured its airbases in northern Syria, including its airbase in Hmeymim as a guarantee by Turkey under the Sochi agreement, he said.

Gurcan recalled a trilateral summit of Turkey, Iran and Russia held in Iranian capital Tehran early September, which ended without agreement as Erdogan’s call for a ceasefire in Idlib was rejected by Moscow and Tehran.

Erdogan’s proposal for a ceasefire by all parties in Idlib was rejected by Putin on the grounds that those groups were not represented at the table there, he said.

“Now Turkey has given a guarantee on behalf of radical groups which Putin earlier said that ceasefire cannot be discussed because they were not represented at Tehran meeting,” Gurcan said.

Now everyone is curious how Turkey has given guarantee to Moscow and how will those radical groups accept a proposal for demilitarization by surrendering heavy weapons and withdrawing from the demilitarized zone, Gurcan noted.

“Ankara has given this promise relying on its military power on the ground and on its capacity to convince armed opposition groups,” he said.

Turkish army has reinforced its presence in Idlib in the past few months, and Turkey has 12 military outposts with 1,200-1,300 troops on the border line of the province separating the rebel stronghold from the pro-Iran militia-controlled South of Aleppo and the government-controlled southeast, Gurcan said.

Rebel groups, including the Free Syrian Army, in the region are gathered with Turkish backing under the banner of the “National Front for Liberation.”

Putin and Erdogan agreed on Monday in Sochi to create a 15-20 km buffer zone along the line of contact between rebels and regime troops by Oct. 15.

The agreement entails the “withdrawal of all radical fighters” from Idlib as well as “heavy weaponry from this zone,” Putin said at the joint press conference after signing the deal with Erdogan.

By the end of the year, transportation routes between the key port of Latakia and Aleppo as well as the city of Hama must be restored, Putin added.

The Russian leader also said all heavy weapons had to be withdrawn from the zone by Oct. 10, according to Erdogan’s proposal.

Ankara has been warning against any military offensive by Russia-backed Syrian regime forces in Idlib, warning that it would lead to a humanitarian crisis and refugee influx to the Turkish border.

Turkey and Russia, along with Iran, are guarantors of the Astana deal which declared ceasefire in four de-escalation zones in Syria, including Idlib.

Turkey will deploy more troops in Idlib province after the Sochi deal, Turkish Foreign Minister Mevlut Cavusoglu said on Tuesday.

“We will need extra troop reinforcements. Turkey and Russia will patrol on the border areas. Civilians and moderate (opposition) will stay here,” Cavusoglu said.

Another outcome of the Sochi deal is that Turkey and Russia prevented a possible attack by the United States in Idlib, Naim Baburoglu from Aydin University said.

He recalled that the U.S. was giving signals that it wanted to intervene in the situation in Idlib, if Syrian government troops launch an assault on the rebel stronghold.

Washington recently threatened to take swift and decisive actions against any use of chemical weapons in Idlib.

“This agreement showed that the U.S. has room for maneuver only in the east of Euphrates and Manbij region,” Baburoglu said.

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Pat Buchanan: “The Late Hit” On Judge Kavanaugh

Wha exactly is professor Ford’s case against Judge Kavanaugh?

Patrick J. Buchanan

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Authored by Patrick Buchanan via Buchanan.org:


Upon the memory and truthfulness of Christine Blasey Ford hangs the Supreme Court nomination of Judge Brett Kavanaugh, his reputation and possibly his career on the nation’s second-highest court.

And much more. If Kavanaugh is voted down or forced to withdraw, the Republican Party and conservative movement could lose their last best hope for recapturing the high court for constitutionalism.

No new nominee could be vetted and approved in six weeks. And the November election could bring in a Democratic Senate, an insuperable obstacle to the elevation of a new strict constructionist like Kavanaugh.

The stakes are thus historic and huge.

And what is professor Ford’s case against Judge Kavanaugh?

When she was 15 in the summer of ’82, she went to a beer party with four boys in Montgomery County, Maryland, in a home where the parents were away.

She says she was dragged into a bedroom by Brett Kavanaugh, a 17-year-old at Georgetown Prep, who jumped her, groped her, tried to tear off her clothes and cupped her mouth with his hand to stop her screams.

Only when Kavanaugh’s friend Mark Judge, laughing “maniacally,” piled on and they all tumbled off the bed, did she escape and lock herself in a bathroom as the “stumbling drunks” went downstairs. She fled the house and told no one of the alleged rape attempt.

Not until 30 years later in 2012 did Ford, now a clinical psychologist in California, relate, in a couples therapy session with her husband, what happened. She says she named Kavanaugh as her assailant, but the therapist’s notes of the session make no mention of Kavanaugh.

During the assault, says Ford, she was traumatized. “I thought he might inadvertently kill me.”

Here the story grows vague. She does not remember who drove her to the party. She does not say how much she drank. She does not remember whose house it was. She does not recall who, if anyone, drove her home. She does not recall what day it was.

She did not tell her parents, Ford says, as she did not want them to know she had been drinking. She did not tell any friend or family member of this traumatic event that has so adversely affected her life.

Said Kavanaugh in response, “I categorically and unequivocally deny this allegation. I did not do this back in high school or at any time.”

Mark Judge says it never happened.

Given the seriousness of the charges, Ford must be heard out. But she also needs to be cross-examined and have her story and character probed as Kavanaugh’s has been by FBI investigators as an attorney for the Ken Starr impeachment investigation of Bill Clinton, a White House aide to George Bush, a U.S. appellate judge and a Supreme Court nominee.

During the many investigations of Kavanaugh’s background, nothing was unearthed to suggest something like this was in character.

Some 65 women who grew up in the Chevy Chase and Bethesda area and knew Kavanaugh in his high school days have come out and spoken highly of his treatment of girls and women.

Moreover, the way in which all of this arose, at five minutes to midnight in the long confirmation process, suggests that this is political hardball, if not dirt ball.

When Ford, a Democrat, sent a letter detailing her accusations against Kavanaugh to her California congresswoman, Anna Eshoo, Ford insisted that her name not be revealed as the accuser.

She seemingly sought to damage or destroy the judge’s career behind a cloak of anonymity. Eshoo sent the letter on to Sen. Diane Feinstein, who held it for two months.

Excising Ford’s name, Feinstein then sent it to the FBI, who sent it to the White House, who sent it on to the Senate to be included in the background material on the judge.

Thus, Ford’s explosive charge, along with her name, did not surface until this weekend.

What is being done here stinks. It is a transparently late hit, a kill shot to assassinate a nominee who, before the weekend, was all but certain to be confirmed and whose elevation to the Supreme Court is a result of victories in free elections by President Trump and the Republican Party.

Palpable here is the desperation of the left to derail Kavanaugh, lest his elevation to the high court imperil their agenda and the social revolution that the Warren Court and its progeny have been able to impose upon the nation.

If Kavanaugh is elevated, the judicial dictatorship of decades past, going back to the salad days of Earl Warren, William Brennan, Hugo Black and “Wild Bill” Douglas, will have reached its end. A new era will have begun.

That is what is at stake.

The Republican Senate should continue with its calendar to confirm Kavanaugh before Oct. 1, while giving Ford some way to be heard, and then Kavanaugh the right to refute. Then let the senators decide.

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