International Court of Justice Case Concerning
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INTERNATIONAL COURT OF JUSTICE CASE CONCERNING 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 (UKRAINE V. RUSSIAN FEDERATION) PRELIMINARY OBJECTIONS SUBMITTED BY THE RUSSIAN FEDERATION Volume II (ANNEXES) 12 SEPTEMBER 2018 TABLE OF CONTENTS VOLUME II (Annexes) ICSFT Annex 1 Documents previously submitted to the Court 1 (Extracts from Judges’ Folder and Dossier) Annex 2 Arseniy Yatsenyuk official website, “Arseniy 109 Yatsenyuk Reported on 10 main goals achieved by the Government in 100 days”, 12 March 2015 Annex 3 Interview with Olena Zerkal, “Which claims will 113 Ukraine submit against Russia?”, 27 January 2016 Annex 4 ICAO, “International Conference on Air 117 Law, Montreal, September 1971”, Vol. I, 1973, pp. 122, 130 Annex 5 United Nations General Assembly, 54th Session, 123 Official Records, Supplement No. 37, Report of the Ad Hoc Committee established by General Assembly resolution 51/210 of 17 December 1996, UN Doc. A/54/37 Annex 6 Subcommittee on Prevention of Torture and 194 Other Cruel, Inhuman or Degrading Treatment or Punishment, “Visit to Ukraine undertaken from 19 to 25 May and from 5 to 9 September 2016: observations and recommendations addressed to the State party”, UN Doc. CAT/OP/UKR/3, 18 May 2017 Annex 7 Explanatory Note on the draft law of Ukraine on 221 ratification of the International Convention for the Suppression of the Financing of Terrorism [Law No. 149-IV, 12 September 2002] iii Annex 8 Federal Government Bill on the United Nations 227 International Convention for the Suppression of the Financing of Terrorism of 9 December 1999, Bundestag printed version 15/1507, 2 September 2003 Annex 9 Legal Department of the League of Arab States, 231 Work Paper: The League of Arab States Actions in supporting the United Nations in combatting international terrorism, 11 October 2007 Annex 10 Note Verbale No. 610/22-110-1695 of the Ministry of 249 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 4 July 2014 Annex 11 Note Verbale No. 72/22-484-1964 of the Ministry of 253 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 28 July 2014 Annex 12 Note Verbale No. 72/22-620-2087 of the Ministry of 257 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 12 August 2014 Annex 13 Note Verbale No. 10471/dnv of the Ministry of 265 Foreign Affairs of the Russian Federation to the Embassy of Ukraine in Moscow, 15 August 2014 Annex 14 Note Verbale No. 72/22-620-2406 of the Ministry of 269 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 24 September 2014 Annex 15 Note Verbale No. 72/22-620-2495 of the Ministry of 275 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 7 October 2014 Annex 16 Note Verbale No. 72/22-620-2529 of the Ministry of 279 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 10 October 2014 Annex 17 Note Verbale No. 72/22-620-2717 of the Ministry of 285 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 3 November 2014 iv Annex 18 Note Verbale No. 72/22-620-2732 of the Ministry of 291 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 4 November 2014 Annex 19 Note Verbale No. 14587/dnv of the Ministry of 297 Foreign Affairs of the Russian Federation to the Embassy of Ukraine in Moscow, 24 November 2014 Annex 20 Note Verbale No. 17131/dnv of the Ministry of 303 Foreign Affairs of the Russian Federation to the Embassy of Ukraine in Moscow, 29 December 2014 Annex 21 Note Verbale No. 72/22-620-351 of the Ministry of 307 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 13 February 2015 Annex 22 Note Verbale No. 72/22-620-352 of the Ministry of 313 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 13 February 2015 Annex 23 Note Verbale No. 610/22-110-504 of the Ministry of 319 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 2 April 2015 Annex 24 Note Verbale No. 72/22-620-1069 of the Ministry of 323 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 7 May 2015 Annex 25 Note Verbale No. 6392/dnv of the Ministry of Foreign 329 Affairs of the Russian Federation to the Embassy of Ukraine in Moscow, 8 May 2015 Annex 26 Note Verbale No. 72/22-484-1103 of the Ministry of 333 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 13 May 2015 Annex 27 Note Verbale No. 8395/dnv of the Ministry of Foreign 339 Affairs of the Russian Federation to the Embassy of Ukraine in Moscow, 17 June 2015 Annex 28 Note Verbale No. 72/22-620-2604 of the Ministry of 345 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 23 October 2015 v Annex 29 Note Verbale No. 72/22-620-2894 of the Ministry of 351 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 23 November 2015 Annex 30 List of OSCE and OHCHR reports recording attacks 357 on the DPR-/LPR-controlled territories as of the end of December 2017 Annex 31 Transcript of a video containing alleged intercepted 379 conversation between “Terrorist” and “Pepel”, 24 January 2015 Annex 32 OSCE, “Latest from OSCE Special 383 Monitoring Mission (SMM) to Ukraine based on information received as of 18:00 (Kyiv time), 25 January 2015”, 26 January 2015 Annex 33 State Border Guard Service of Ukraine, “In 389 Kramatorsk terrorists shelled the unit of the State Border Guard Service”, 10 February 2015 Annex 34 112.UA News Agency, “P. Poroshenko’s speech in 393 Rada and the report on the shelling of Kramatorsk, 10 February 2015”, (partial transcript of the video) Annex 35 Frunzensky District Court of Kharkov, Case No. 397 645/3612/15-k, Decision, 30 September 2015 Annex 36 Ukrainian Helsinki Human Rights Union, Kharkiv 403 Human Rights Protection Group and NGO “Truth Hounds”, “Unlawful detentions and torture committed by Ukrainian side in the armed conflict in Eastern Ukraine”, 2017 Annex 37 “Ukraine: Avdiivka, the front line of Europe’s 433 ‘forgotten war” of 31 January 2017, BBC News (partial transcript of the video) Annex 38 AF News Agency, “Terrorist attack at the Sports 437 Palace in Kharkov in 2015 - guilty without guilt”, 16 August 2017 vi Annex 39 Rhythm of Eurasia News Agency, “SBU routine: 441 ‘They beat with a metal pipe, passed an electric current...’”, 12 October 2017 Annex 40 AF News Agency, “‘Activists’ dictate sentences to the 445 courts and the prosecutor’s office. Lawyer Dmitry Tikhonenkov on the peculiarities of Ukrainian hybrid justice”, 1 November 2017 Annex 41 AF News Agency, “The accused of the explosion 449 of the Stena Rock Pub, Marina Kovtun, has been tortured for three years by the SBU”, 22 November 2017 Annex 42 News Front Info, “Kharkov resident 453 accused of ‘undermining the integrity’ of Ukraine announced her hunger strike”, 13 January 2018 CERD Annex 43 E. Zakharenko, L. Komarova, I. Nechaeva, Novyi 457 Slovar’ Inostrannykh Slov [New Dictionary of Foreign Words], Azbukovnik, 2003, entry for “этнос” (“ethnos” in Russian) Annex 44 United Nations Economic and Social Council, 461 Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Summary record of the 427th meeting, UN Doc. E/CN.4/Sub.2/SR.427, 12 February 1964 Annex 45 United Nations Economic and Social Council, 477 Commission on Human Rights, Draft International Convention on the Elimination of All Forms of Racial Discrimination Final Clauses, Working Paper prepared by the Secretary-General, UN Doc. E/CN.4/L.679, 17 February 1964 vii Annex 46 United Nations General Assembly, 20th session, 501 Official Records, Annexes, Third Committee, Ghana: revised amendments to document A/C.3/L.1221, UN Doc. A/C.3./L.1274/REV.1, 12 November 1965 Annex 47 Note Verbale No. 72/22-620-2403 of the Ministry 511 of Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 23 September 2014 Annex 48 Note Verbale No. 14279/2dsng of the Ministry of 519 Foreign Affairs of the Russian Federation to the Embassy of Ukraine in the Russian Federation, 16 October 2014 Annex 49 Note Verbale No. 72/23-620-2673 of the Ministry of 523 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 29 October 2014 Annex 50 Note Verbale No. 17004/2dsng of the Ministry of 527 Foreign Affairs of the Russian Federation to the Ministry of Foreign Affairs of Ukraine, 8 December 2014 Annex 51 Note Verbale No.72/22-620-3070 of the Ministry 531 of Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 15 December 2014 Annex 52 Note Verbale No. 72/22-620-3069 of the Ministry 539 of Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 15 December 2014 Annex 53 Note Verbale No. 72/22-620-297 of the Ministry of 545 Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation, 6 February 2015 Annex 54 Note Verbale No.