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Judges Tomka and Brant and Judge ad hoc Tuzmukhamedov disagree that the ban on Mejlis could constitute a violation of provisional measures ordered by the court
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Provisional Measures have binding effect independent from violations on merits
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Court assesses several other violations of CERD, but fails to find any breaches
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Court finds that measures relating to education constitute a breach of CERD
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Racial discrimination requires differentiation in treatment of a protected group; court fails to find any discrimination in alleged killings and investigations
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Adjudication of claims under CERD requires pattern of discriminatory conduct; court provides assessment of probative value of evidence
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Court fails to find any other violations of ICSFT
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Court finds that Russia failed to conduct proper investigation of allegations of terrorism financing raised by Ukraine
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Court finds that Russia did not violate its obligation to identify and seize or freeze assets used for terrorism financing
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Standard of proof required in cases of terrorism financing is lower than for genocide allegations
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Offence of terrorism financing requires several components, including intention of fund provider
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The term ‘funds’ under the ICSFT is limited to resources of financial or monetary value
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Application of clean hands doctrine has little support in international law
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Background: Dispute over terrorism financing in Ukrainian territory and lack of proper education system in Crimea leads to claim under ICSFT and CERD
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