- 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.
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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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