The International Court of Justice (ICJ), the top United Nations court, has dismissed a case brought by Sudan accusing the United Arab Emirates (UAE) of breaching the UN Genocide Convention by allegedly arming and funding the rebel paramilitary Rapid Support Forces (RSF) in the ongoing and deadly Sudanese civil war. The court, in a ruling delivered on Monday, found that it lacked the jurisdiction to proceed with the case.
Judges at the ICJ in The Hague sided with the UAE’s arguments, ultimately rejecting Sudan’s request for emergency measures and ordering the case to be removed from the court’s docket. The court’s decision, reached by a vote of 14 to two, centered on a reservation the UAE made when it signed the UN’s Genocide Convention. This reservation denied the ICJ jurisdiction in cases where the accusing state, in this instance Sudan, had not explicitly consented to the court’s authority.
The civil war in Sudan erupted in April 2023, pitting the Sudanese army against the RSF. Sudan’s government had argued before the ICJ last month that the UAE was violating the Genocide Convention by providing support to the RSF, which has been accused of perpetrating widespread atrocities, including genocide, murder, theft, rape, and forcible displacement, particularly against the Masalit tribe in the Darfur region. Sudan sought emergency measures from the court to prevent further alleged genocidal acts.
However, the UAE vehemently denied the charges and argued that the ICJ did not have the legal competence to rule on the matter due to its reservation to Article IX of the Genocide Convention, which contains the compromissory clause for dispute resolution by the ICJ. The court ultimately agreed with the UAE’s position.
In a summary of the ruling, the ICJ stated that due to the lack of jurisdiction, it was “precluded by its statute from taking any position on the merits of the claims made by Sudan.” The court’s president, Yuji Iwasawa, formally announced that the case would be removed from the General List of cases before the ICJ.
The UAE has hailed the ICJ’s decision as a significant legal victory. In a statement, the UAE described Sudan’s case as “utterly baseless” and affirmed its commitment to international law and the peaceful resolution of conflicts.
While the ICJ’s decision is a legal setback for Sudan, the allegations against the UAE regarding its support for the RSF are not new. Some UN experts and US lawmakers have found the claims credible, citing evidence presented in reports by human rights organizations detailing the alleged supply of weapons to the paramilitary group.
The dismissal of the case by the ICJ does not necessarily mean an end to the accusations or the ongoing conflict in Sudan. The fighting continues to cause immense suffering and displacement, and the international community remains concerned about the humanitarian situation and the allegations of grave human rights violations. The ICJ’s ruling, however, concludes this particular legal avenue pursued by Sudan against the UAE at the highest UN court.
