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Jurist ICJ dismisses Sudan genocide case against UAE over civil war implication

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Dadparvar

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Nov 11, 2016
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The International Court of Justice (ICJ) on Monday dismissed Sudan’s case accusing the United Arab Emirates (UAE) of violating the Genocide Convention by allegedly arming and financing the Rapid Support Forces (RSF), a paramilitary group implicated in atrocities during Sudan’s ongoing civil war.

The ICJ found that it lacked jurisdiction to proceed. While delivering the ruling, Judge Yuji Iwasawa, President of the Court, said that the basis of jurisdiction invoked necessarily circumscribes the scope of the case before the court. The court noted that although the UAE is a signatory to the Genocide Convention, it had entered a reservation to Article IX – the provision granting the ICJ jurisdiction over disputes concerning the interpretation and application of the convention. This carveout, the court concluded, barred it from hearing the case. This was accompanied by another consideration, which was that while the alleged genocidal acts against the Masalit were serious and ongoing, Sudan had not sufficiently demonstrated that the UAE exercised effective control over the RSF or was directly responsible for the violations. The court stressed that its order did not prejudge the merits or final jurisdiction of the case, which remains on the General List.

While Sudan had invoked Article IX to establish jurisdiction, legal experts had predicted difficulties due to the UAE’s reservation. The Court’s decision did not address the merits of Sudan’s claims, instead halting the proceedings on procedural grounds.

Reacting to the ruling, UAE Foreign Ministry official Reem Ketait stated that the court’s finding that it is without jurisdiction affirms that this case should have never been brought forward. Several Sudanese demonstrators protested, voicing frustration over the dismissal.

Sudan brought the case in March 2025, urging the ICJ to impose provisional measures against the UAE, including an order to cease support to the RSF and to take steps to prevent further atrocities, particularly against the Masalit ethnic group in West Darfur. Sudan argued that the UAE’s alleged logistical, financial, and military support amounted to complicity in genocide under the 1948 Genocide Convention, to which both countries are parties.

The conflict in Sudan erupted in April 2023, when tensions between the Sudanese military and the RSF exploded into widespread violence. Both factions have been accused of committing grave human rights abuses.

The post ICJ dismisses Sudan genocide case against UAE over civil war implication appeared first on JURIST - News.

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