Comments on the judgment of the International Court of Justice of 31 January 2024, Case No. 166. Application of the International Convention for the Suppression of the Financing of Terrorism and the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation) on 31 January 2024

This commentary explores key aspects of the ICJ’s January 2024 judgment in Case No. 166, examining Ukraine’s claims against Russia under the ICSFT and CERD. The authors analyze five pivotal issues affecting the interpretation of international law and offering strategic insights for states considering similar legal approaches. The ICJ’s ruling on the ‘clean hands’ doctrine, dismissing it as a defense in interstate disputes, marks an important precedent, as does its interpretation of ‘funds’ under the ICSFT, limited to financial assets and excluding weapons—a decision that could influence the effectiveness of anti-terrorism financing efforts. The judgment also highlights the challenges in evidence gathering for states without territorial control. Importantly, the judgment distinguishes between compliance with provisional measures and substantive treaty violations, though it underscores the Court’s limited capacity to enforce its orders. Overall, this judgment reflects both the utility and limitations of the ICJ in conflict-related disputes, signaling a need for a more comprehensive legal framework to address state violations in war and peace.