MEZINÁRODNÍ SOUDNICTVÍ: NOVÉ ÚKOLY A VÝZVY

treaties, therefore, the analysis of the court decision is relevant. The ICJ maintained its conservative approach and limited itself to the minimum possible decision. The ICJ narrowed the meaning of the of the concept of “funds”, and as a consequence of the concept of “financing of terrorism” by determining that the supply of arms to terrorist groups and the organization of training for their members did not constitute financing of terrorism. Therefore, the question arises of the insufficient effectiveness of the convention. The decision was not made as Ukraine expected and concerning the International Convention on the Elimination of All Forms of Racial Discrimination. The only positive moment is that the ICJ acknowledged discrimination against Ukrainians in Crimea, albeit only in the area of restrictions on education in Ukrainian. In all other charges, the court sees political persecution, not the intention of the Russians to discriminate against ethnic groups. CHAPTER 4 Occupation in the case law of the International Court of Justice Katarína Šmigová The International Court of Justice is a key body of the United Nations due to its authority and universal status. Although its decisions are not formal sources of law (apart from judgments binding for parties to the dispute), they have a significant impact on international law, as the International Court of Justice helps to promote legal certainty at the international level. The chapter on occupation in the jurisprudence of the International Court of Justice focuses on an analysis of selected disputes and advisory opinions of the International Court of Justice on occupation, as this is one of the areas where this international judicial body plays an important role. The legal institution of occupation is understood as the temporary control of the territory of one state by the armed forces of another state without the acquisition of sovereignty by the occupying power; this situation is regulated by the norms of international law, in particular the Hague Conventions (1907) and the Geneva Conventions (1949), to the interpretation of which the International Court of Justice makes a significant contribution through its case law, thus influencing the development of the law in this area as well. The aim of the chapter is to show how, on the one hand, the decisions of the ICJ contribute to legal certainty in questions of occupation and how, on the other hand, they shape the development of international law in this area.

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