Suchergebnisse

Objectives: This study aims to determine the qualification of the statute of two indigenous peoples residing in Crimean peninsula (Crimean Karaites and Krymchaks) in conditions of current interstate conflict.Materials and Methods: Coherent analysis was made according to the common principles of law, norms of international human right law, to the provisions of Ukrainian and Russian legislation and to the present scientific publications devoted to the history and ethnic origin of Crimean Karaites and KrymchaksResults: Author proved the duty of Ukraine to finish the procedure of official recognizing the Krymchaks and Karaites as the indigenous peoples (with the procedure in analogy for parliamentary Statement on Crimean Tatar People's statute on March 20, 2014) and to adopt the Law on the Status of Indigenous Peoples fixing the prescriptions of the UN Declaration on Rights of Indigenous Peoples on the principles of subsidiarity.Conclusion: collective political, economic, social and cultural rights of indigenous peoples must be defended despite any politic and military circumstances an situations of interstate conflict.

Less than two hours after Israel had closed its pleadings, the German Government released a press statement, announcing its intent to intervene as a third party under Article 63 of the Statute of the ICJ (ICJ Statute). Therefore, it can be assumed that Germany did not take sufficient time to conduct a comprehensive assessment prior to its decision. At all costs, it sought to be perceived as being on Israel's side.
Germany's decision may not appear startling given that it had previously intervened in both genocide proceedings against Russia (Ukraine v Russia case) and Myanmar (Rohingya case). However, in the latter case, Germany joined Gambia in upholding a purposive construction of Article II Genocide Convention, which would seem to present a serious obstacle to support Israel.
Thus, this contribution investigates whether Germany, in its intervention in the "Genocide in the Gaza Strip case", would be able to abandon its previous submissions in the Rohingya case and instead adopt a more restrictive construction of the Article II Genocide Convention.