- 44 121. Accordingly, the Court concludes that the procedural preconditions for it to have jurisdiction under Article 22 of CERD are satisfied in the circumstances of the present case. As a result, the Court has jurisdiction to consider the claims of Ukraine under CERD. C. Admissibility 122. The Court will now turn to the objection raised by the Russian Federation to the admissibility of Ukraine’s Application with regard to claims under CERD on the ground that Ukraine did not establish that local remedies had been exhausted before it seised the Court. * * 123. The Russian Federation contends that the rule of exhaustion of local remedies is well established in international law, and that it also applies to inter-State claims under CERD. The Russian Federation submits that the rule of exhaustion of local remedies requires claims relating to alleged violations of individual rights to be, in essence, the same as those previously submitted to domestic courts. It follows, the Respondent maintains, that the allegations in Ukraine’s Application should have been submitted to domestic courts as claims of racial discrimination. The Russian Federation further submits that, in its Written Statement, Ukraine formulated its claims differently from its Application and Memorial in order to overcome the objection based on the rule of exhaustion of local remedies. 124. According to the Respondent, Articles 11, paragraph 3, and 14, paragraph 7 (a), of CERD make it clear that the rule of exhaustion of local remedies applies to claims under the Convention. The Respondent further submits that the application of the rule of exhaustion of local remedies is consistent with Article 6 of CERD, which imposes an obligation on States parties to provide “effective protection and remedies, through the competent national tribunals and other State institutions”, to everyone within their jurisdiction. The Russian Federation also contends that the application of the rule of exhaustion of local remedies is consistent with the approach of other human rights treaties and is confirmed by the Articles on Responsibility of States for Internationally Wrongful Acts adopted by the International Law Commission. 125. The Russian Federation further relies on the approach of the CERD Committee that local remedies must be exhausted even if there are doubts as to their effectiveness. The Respondent argues that Ukraine has not established that local remedies were exhausted, or that cases were submitted before domestic courts, prior to it instituting proceedings under Article 22 of CERD. Moreover, according to the Russian Federation, the claims before domestic courts on which Ukraine relies did not concern allegations of racial discrimination. *

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