- 16 (e) As a consequence of the Russian Federation’s violations of the ICSFT, its proxies
in Ukraine have been provided with funds that enabled them to commit numerous
acts of terrorism, including the downing of Flight MH17, the shelling of
Volnovakha, Mariupol, Kramatorsk, and Avdiivka, the bombings of the Kharkiv
unity march and Stena Rock Club, the attempted assassination of a Ukrainian
member of Parliament, and others.
CERD
(f) The Russian Federation has violated CERD Article 2 by engaging in numerous
and pervasive acts of racial discrimination against the Crimean Tatar and
Ukrainian communities in Crimea and by engaging in a policy and practice of
racial discrimination against those communities.
(g) The Russian Federation has further violated CERD Article 2 by sponsoring,
defending or supporting racial discrimination by other persons or organizations
against the Crimean Tatar and Ukrainian communities in Crimea.
(h) The Russian Federation has violated CERD Article 4 by promoting and inciting
racial discrimination against the Crimean Tatar and Ukrainian communities in
Crimea.
(i) The Russian Federation has violated CERD Article 5 by failing to guarantee the
right of members of the Crimean Tatar and Ukrainian communities to equality
before the law, notably in their enjoyment of (i) the right to equal treatment before
the tribunals and all other organs administering justice; (ii) the right to security of
person and protection by the State against violence or bodily harm, whether
inflicted by government officials or by any individual group or institution;
(iii) political rights; (iv) other civil rights; and (v) economic, social and cultural
rights.
(j) The Russian Federation has violated CERD Article 6 by failing to assure the
Crimean Tatar and Ukrainian communities in Crimea effective protection and
remedies against acts of racial discrimination.
(k) The Russian Federation has violated CERD Article 7 by failing to adopt
immediate and effective measures in the fields of teaching, education, culture and
information, with a view to combating prejudices which lead to racial
discrimination against the Crimean Tatar and Ukrainian communities in Crimea.
654. The aforementioned acts constitute violations of the ICSFT and CERD,
and are therefore internationally wrongful acts for which the Russian Federation bears
international responsibility. The Russian Federation is therefore required to:
ICSFT
(a) Cease immediately each of the above violations of ICSFT Articles 8, 9, 10, 12,
and 18 and provide Ukraine with appropriate guarantees and public assurances that
it will refrain from such actions in the future.