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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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World War I Homage – A Triumph of Lies and Platitudes

The unilateral, lawless imperialism that engendered World War I and 20 years later World War II is still alive and dangerously vigorous.

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Authored by Finian Cunningham via Strategic Culture:


World leaders gathered in Paris on Sunday under the Arc de Triomphe to mark the centennial anniversary ending World War I. In an absurd way, the Napoleon-era arc was a fitting venue – because the ceremony and the rhetoric from President Emmanuel Macron was a “triumph” of lies and platitudes.

Among the estimated 70 international leaders were US President Trump and Russian counterpart Vladimir Putin, each sitting on either side of Macron and his wife. German Chancellor Angela Merkel was also given pride of place beside the French president.

Macron’s address to the dignitaries was supposed to be a call for international multilateralism. He urged a “brotherhood” for the cause of world peace. He also made a pointed rebuke of “nationalism” as posing a danger to peace – a remark which seemed aimed at Donald Trump who recently boasted of his politics with that very word.

But, ironically, everything about the ceremony and Macron’s speech resonated with jingoistic French nationalism, not his avowed multinationalism. As the politicians sat under the Arc de Triomphe, Macron walked around its circular esplanade in a salute to assembled French military forces bearing assault rifles and bayonets. The French anthem – The Marseillaise – was played twice, once by an army brass band, the second time sung by an army choir. There was also a military plane flyover displaying the blue, red and white tricolor of the French national flag.

In his speech, Macron talked about soldiers coming from all over the world to “die for France” during the 1914-18 Great War. He even said at one point that the war was fought for “the vision of France” and its “universal values”.

This was fluent drivel, French-style. No wonder Russia’s Putin momentarily gave a look of boredom as Macron waxed lyrical.

The speechifying and commemoration was completely detached from current realities of conflict and international tensions.

Among the “brotherhood” whom Macron was appealing to were Israeli Prime Minister Benjamin Netanyahu whose military forces continue to bomb and slaughter Palestinian civilians in illegally occupied territory. Also present was Ukrainian President Petro Poroshenko whose armed militias continue to terrorize the people of eastern Ukraine with the blatant objective of instigating a war between the US-led NATO alliance and Russia.

Listening to Macron one would think that World War I erupted mysteriously from no specific cause and that an estimated 10 million soldiers were all killed in heroic battles for noble principles.

There was, of course, no mention by Macron of imperialist warmongering and the barbaric sacrifice of humans as slaves in the service of national capitalist power interests.

Grotesquely, as the world leaders donned solemn faces and mouthed pious platitudes for peace, the whole occasion was a triumph in burying reality and the ongoing causes of wars, as well as whitewashing the very culprits responsible for wars. Among the war criminals wearing a mournful black suit was former French President Nicolas Sarkozy who launched the NATO blitzkrieg on Libya in 2011.

While the empty, self-indulgent rhetoric was ringing out, one couldn’t help but recall some of the most glaring contemporary contradictions that were blocked out with awesome Orwellian efficiency.

Just this week, reports emerged of the horrific civilian death toll from the American air force bombing the Syrian city of Raqqa. The city was razed to the ground by US air strikes last year – supposedly to defeat the ISIS terror group. Some 8,000 bodies of civilians, mainly women and children, have now been recovered by Syrian government forces. And that’s only from clearing away a tiny area of rubble for the whole city.

What the Americans did in Raqqa was a monumental war crime, all the more criminal because US forces, along with their NATO partners Britain and France, are illegally present in and assaulting sovereign Syrian territory.

As Macron was telling world leaders about “the vision of France”, hundreds were being killed in Yemen in a battle to strangle the entire population by taking the port city of Hodeida. The genocidal war on that country – which is putting up to 16 million people at risk from starvation – has been fully backed by France, the US and Britain, from their supply of warplanes and bombs to the Saudi and Emirati aggressive forces.

We could mention other specific conflicts where the culprits are clearly identified. For example, the multi-million-dollar support from Washington for the Azov Battalion and other Neo-Nazi militias in Ukraine, which openly emulate the genocidal conduct of Hitler’s Third Reich to exterminate ethnic Russians.

We could mention how US-led NATO forces continue to expand towards Russian territory with outrageous provocation. The mounting earlier this month of the biggest-ever NATO war drills since the Cold War in the Arctic region adjacent to Russia’s northern border was a brazen threat of rehearsing invasion. The announced tearing up of yet another nuclear arms control treaty unilaterally by Washington is a reckless undermining of global security.

Washington threatens China with naval forces marauding near Beijing’s maritime territory in the South China Sea. Washington blockades Iran with illegal economic warfare and openly agitates for regime change. Washington declares Venezuela, Nicaragua and Cuba a “troika of tyranny” and reserves the right to threaten each of these countries with military invasion at any time.

Meanwhile, this weekend, Russia hosted peace talks in Moscow between the warring parties of Afghanistan. It was seen as a major breakthrough in trying to bring peace to the Central Asia country which has been wracked by 17 years of violence since US forces began their ongoing military occupation – allegedly to defeat terrorism.

Elsewhere, Russia has engaged with Turkey, Germany and France to convene a summit for peaceful reconstruction of Syria. The latest summit held in Ankara at the end of last month follows several other such meetings in Astana and Sochi, largely at the behest of Russian leader Vladimir Putin, to find a political settlement to the nearly eight-year war in Syria – a war that was fomented covertly by Washington and its allies for regime change.

France’s Macron talks about “multilateralism” for world peace, yet the two countries which have arguably supported and implemented multilateralism in practice are Russia and China in their calls and policies for global partnership and economic development.

And yet it is Russia and China that are being harassed with American and European sanctions, and US military provocations.

The unilateral, lawless imperialism that engendered World War I and 20 years later World War II is still alive and dangerously vigorous. We only have to look around the present world to realize that. But when the culprits indulge in a triumph of bullshit then we also know that the world is once again in very grave danger.

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Creepy Porn Lawyers’ disgusting assault on Tucker Carlson and his 19 year old daughter (Video)

The Duran Quick Take: Episode 14.

Alex Christoforou

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Days after ANTIFA targeted Fox News’ Tucker Carlson’s home, trying to intimidate and scare the TV host into curbing his free speech against totalitarian mob rule propagated by ANTIFA and their paymasters, it appears that the SJW establishment swamp is going after Tucker with everything they got…sending in the expendable, and always eager to get publicity, Creepy Porn Lawyer, Michael Avenatti, to try and ensnare Carlson in some sort of racist assault scandal.

The entire event appears to be a staged, purposefully hitting upon all the right identity politics buttons…so as to maximize full SJW pressure on Tucker and Fox News.

The Gateway Pundit reports that Tucker Carlson has denied Michael Avenatti’s charges of assault, and explains that his actions were prompted by an unhinged gay man calling his daughter a wh*re and a c**t…

Creepy porn star Michael Avenatti made headlines again this weekend with trumped up charges of assault against FOX News host Tucker Carlson.

On Saturday Avenatti released video of Tucker Carlson in an argument with a crowd of people at a country club in Virginia.

Avenatti claims Tucker assaulted a gay Latino immigrant for no reason.

Avenatti posted this video made the allegations on Saturday.

RT CrossTalk host Peter Lavelle and The Duran’s Alex Christoforou take a quick look at the SJW swamps’ latest attempt to smear Tucker Carlson, by going after his 19-year old daughter, in a disgusting display of misogyny and hate towards the very women that establishment liberal claims to defend.

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Here’s Carlson’s full statement about the incident:

“On October 13, I had dinner with two of my children and some family friends at the Farmington Country Club in Charlottesville, Virginia. Toward the end of the meal, my 19-year-old daughter went to the bathroom with a friend. On their way back through the bar, a middle aged man stopped my daughter and asked if she was sitting with Tucker Carlson. My daughter had never seen the man before. She answered: ‘That’s my dad,’ and pointed to me. The man responded, ‘Are you Tucker’s whore?’ He then called her a ‘f—— c—.’

“My daughter returned to the table in tears. She soon left the table and the club. My son, who is also a student, went into the bar to confront the man. I followed. My son asked the man if he’d called his sister a ‘whore’ and a ‘cunt.’ The man admitted he had, and again become profane. My son threw a glass of red wine in the man’s face and told him to leave the bar, which he soon did.

“Immediately after the incident, I described these events to the management of the Farmington Country Club. The club spent more than three weeks investigating the incident. Last week, they revoked the man’s membership and threw him out of the club.

“I love my children. It took enormous self-control not to beat the man with a chair, which is what I wanted to do. I think any father can understand the overwhelming rage and shock that I felt seeing my teenage daughter attacked by a stranger. But I restrained myself. I did not assault this man, and neither did my son. That is a lie. Nor did I know the man was gay or Latino, not that it would have mattered. What happened on October 13 has nothing to do with identity politics. It was a grotesque violation of decency. I’ve never seen anything like it in my life.”

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Former Hillary Clinton Advisor: She’s Running Again in 2020

Clinton admitted that while she doesn’t want to run again — she would “like to be president.”

The Duran

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Via The Gateway Pundit…


Hillary Clinton’s former adviser Mark Penn is warning the public that we should brace ourselves for another run from the power hungry sore loser in 2020.

Penn co-wrote in a Sunday op-ed for the Wall Street Journal that she “won’t let a little thing like two stunning defeats stand in the way of her claim to the White House.”

“True to her name, Mrs. Clinton will fight this out until the last dog dies,” the op-ed that Penn authored with Andrew Stein claims. “She won’t let a little thing like two stunning defeats stand in the way of her claim to the White House.”

Like a cockroach that just won’t die, or the final boss in a video game that keeps obnoxiously coming back after each defeat — Clinton just won’t go away.

Penn said that by “reinventing herself as a liberal firebrand, Mrs. Clinton will easily capture the 2020 nomination.”

“You can expect her to run for president once again,” he said. “Maybe not at first, when the legions of Senate Democrats make their announcements, but definitely by the time the primaries are in full swing.”

Last month, Clinton admitted that while she doesn’t want to run again — she would “like to be president.”

Even some of her closest allies want her to give it a rest though.

“She’s more likely to win Powerball,” Philippe Reines, Clinton’s longtime adviser, told The Hill.

While nobody really wants to hear that woman’s voice ever again — at least the right can recycle all their best memes from 2016.

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