- 19 On behalf of the Government of Ukraine,
at the hearing of 7 June 2019:
“Ukraine respectfully requests that the Court:
(a) Dismiss the Preliminary Objections submitted by the Russian Federation in its
submission dated 12 September 2018;
(b) Adjudge and declare that it has jurisdiction to hear the claims in the Application
submitted by Ukraine, dated 16 January 2017, that such claims are admissible, and
proceed to hear those claims on the merits; or
(c) In the alternative, to adjudge and declare, in accordance with the provisions of
Article 79, paragraph 9, of the Rules of Court that the objections submitted by the
Russian Federation do not have an exclusively preliminary character.”
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I. INTRODUCTION
A. Subject-matter of the dispute
23. The present proceedings were instituted by Ukraine following the events which occurred
in eastern Ukraine and in Crimea from the spring of 2014, on which the Parties have different
views. However, the case before the Court is limited in scope. With regard to the events in eastern
Ukraine, the Applicant has brought proceedings only under the ICSFT. With regard to the situation
in Crimea, Ukraine’s claims are based solely upon CERD.
24. Article 40, paragraph 1, of the Statute and Article 38, paragraph 1, of the Rules of Court
require an applicant to indicate the “subject of the dispute” in its application. Furthermore, the
Rules require that the application “specify the precise nature of the claim, together with a succinct
statement of the facts and grounds on which the claim is based” (Article 38, paragraph 2, of the
Rules) and that the memorial include a statement of the “relevant facts” (Article 49, paragraph 1, of
the Rules). However, it is for the Court itself to determine on an objective basis the subject-matter
of the dispute between the parties, by isolating the real issue in the case and identifying the object
of the claim. In doing so, the Court examines the application as well as the written and oral
pleadings of the parties, while giving particular attention to the formulation of the dispute chosen
by the applicant. It takes account of the facts that the applicant presents as the basis for its claim.
The matter is one of substance, not of form (Immunities and Criminal Proceedings
(Equatorial Guinea v. France), Preliminary Objections, Judgment, I.C.J. Reports 2018 (I),
pp. 308-309, para. 48).