The United Nations’ highest court, the International Court of Justice (ICJ), has dismissed a case brought by Sudan accusing the United Arab Emirates (UAE) of breaching the genocide convention by allegedly arming and funding the rebel paramilitary Rapid Support Forces (RSF) in the ongoing Sudanese civil war.
Judges at the Hague-based court ruled on Monday that they lacked the jurisdiction to proceed with the case. While both Sudan and the UAE are signatories to the 1948 genocide convention, the UAE has a specific reservation to the part of the treaty that grants the ICJ jurisdiction.
Reading out the decision, the court’s president, Yuji Iwasawa, stated, “The violent conflict has a devastating effect, resulting in untold loss of life and suffering, in particular in West Darfur. The scope of the case before the court is, however, necessarily circumscribed by the basis of jurisdiction invoked in the application.”
Legal experts had previously noted that the UAE’s reservation to the treaty made it unlikely that the case would move forward.
The UAE has welcomed the ICJ’s decision. Reem Ketait, a senior official at the UAE’s Ministry of Foreign Affairs, told reporters after the hearing, “The court’s finding that it is without jurisdiction affirms that this case should have never been brought forward.”
Outside the court, a group of pro-Sudanese protestors gathered, expressing their dissent as Ms. Ketait spoke.
In March, Sudan had requested the ICJ to issue several provisional measures, including an order for the UAE to take all possible steps to prevent killings and other crimes targeting the Masalit people in Sudan. During a hearing last month, the UAE argued that the court had no authority to hear the case.
Sudan has been embroiled in a deadly conflict since mid-April 2023, when long-standing tensions between the Sudanese military and the rival RSF erupted in the capital, Khartoum, and subsequently spread to other parts of the country. Both the RSF and the Sudanese military have faced accusations of committing abuses during the conflict.
The UAE, a federation of seven emirates on the Arabian Peninsula and a key ally of the United States, has repeatedly been accused of providing arms to the RSF. Despite mounting evidence, the UAE has consistently denied these allegations.
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