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The Acceptance by the Soviet Union of the Compulsory Jurisdiction of the ICJ for Six Human Rights Conventions
Theodor Schweisfurth 1
Full text available: PDF format *
I. The Acceptance of the Compulsory Jurisdiction
Upon the suggestion of the Council of Ministers of the USSR, on February 10, 1989, the Presidium of the Supreme Soviet of the USSR adopted a decree (ukaz) withdrawing the reservations which the Soviet Union had previously made to six human rights conventions.2 The conventions concerned, and the articles referred to, are as follows:
- Art. IX of the Convention for the Suppression and Punishment of the Crime of Genocide of December 9, 1948;3
- Art. 22 of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of March 31, 1950;4
- Art. IX of the Convention on the Political Rights of Women of March 21, 1953;5
- Art. 22 of the Convention of the Elimination of all Forms of Racial Discrimination of March 7, 1966;6
- Art. 29 paragraph 1 of the Convention on the Elimination of all Forms of Discrimination against Women of December 18, 1979;7
- Art. 30 paragraph 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984.8
The articles of these conventions to which the Soviet reservations were made all have the same substantive content, namely, they provide that any dispute between two or more parties over the interpretation or application of the respective convention that is not settled by negotiations shall, `at the request of any of the parties to the dispute', be referred to the International Court of Justice for a decision. By the reservations made upon ratification of the treaties concerned, the Soviet Union stated that it does not consider itself bound by these provisions.9
The Decree of February 10, 1989, withdrawing the reservations, concluded with the declaration that the pertinent provisions of the conventions concerned will apply to disputes over the interpretation and application of those treaties with respect to cases which may arise `after' the date the Soviet Union informed the UN Secretary-General that it withdraws its reservations. The UN Secretary-General was informed by the Soviet Minister for Foreign Affairs, Eduard Shevardnadze, by a letter dated February 28, 1989.10
The Soviet recognition of the compulsory jurisdiction of the ICJ, while limited to only six conventions, came as a surprise to international law specialists and the general public as well. This move marked a positive shift in the previously negative attitude of the Soviet Union towards the principle judicial organ of the United Nations since its establishment.
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1 Max-Planck-Institute for Comparative Public and International Law,
Heidelberg, Germany.
2 Vedomosti Verchovnogo Soveta 1989 No. 11 Article
79.
9 For the texts of the reservations see Multilateral Treaties
Deposited with the Secretary-General, Status as at 31 December 1988, UN
Doc. ST/LEG/SER.E/7, pp. 101, 113, 171, 180, 291, 603.
10 For Russian text of Shevardnadze's letter see Izvestia, 9
March 1989. For unofficial English translation of the letter see 83 AJIL
(1989) 457.
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