- 33 to be agreed by mutual consent”. Negotiations concerning the organization of the arbitration were
subsequently held until a period of six months expired. During these negotiations, Ukraine also
suggested to refer the dispute to a procedure other than arbitration, namely the submission of the
dispute to a chamber of the Court. In any event, the Parties were unable to agree on the
organization of the arbitration during the requisite period. The second precondition stated in
Article 24, paragraph 1, of the ICSFT must thus be regarded as fulfilled.
77. The Court therefore considers that the procedural preconditions set forth in Article 24,
paragraph 1, of the ICSFT were met. The Court thus has jurisdiction to entertain the claims made
pursuant to that provision.
III. THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF
ALL FORMS OF RACIAL DISCRIMINATION
78. The Court will now examine the Russian Federation’s preliminary objections to the
Court’s jurisdiction and the admissibility of Ukraine’s claims under CERD. As stated above (see
paragraph 36), the Russian Federation argues that the Court lacks jurisdiction ratione materiae
under CERD, and that the procedural preconditions to the Court’s jurisdiction set out in Article 22
of the Convention are not met; it also argues that Ukraine’s Application with regard to claims under
CERD is inadmissible because local remedies had not been exhausted before the dispute was
referred to the Court. The Court will deal with each objection in turn.
A. Jurisdiction ratione materiae under CERD
79. It is the Russian Federation’s position that the real issue in dispute between the Parties
does not concern racial discrimination but the status of Crimea. The Russian Federation contends
that the measures which Ukraine characterizes as racial discrimination are not in breach of CERD,
since they are not based on any of the grounds set out in Article 1, paragraph 1, of CERD.
According to the Respondent, Ukraine’s claims of racial discrimination consist in asserting that
measures allegedly taken by the Russian Federation in respect of members of certain ethnic
communities were motivated by the opposition of these communities to the “purported annexation”
of Crimea.
80. According to the Russian Federation, Ukraine’s attempt to define “ethnic groups” within
the meaning of CERD on the basis of political self-identification and opinions is misconceived.
The Russian Federation argues that Ukraine’s definition of “ethnicity” is not in consonance either
with the ordinary meaning of CERD, or with the intention of its drafters, and is also unsupported
both by State practice, and by the decisions of the Committee on the Elimination of Racial
Discrimination (hereinafter the “CERD Committee”). The Russian Federation does not contest, in
any event, that Crimean Tatars and ethnic Ukrainians in Crimea constitute distinct ethnic groups
protected by CERD.