The International Court of Justice (ICJ) ruled on Monday that it does not have the authority to proceed with a case brought by Sudan against the United Arab Emirates (UAE), which accused the UAE of contributing to genocide in Sudan by supporting paramilitary forces amid the ongoing civil war. The court stated that it “clearly lacks jurisdiction” in this matter.
Without addressing the substance of Sudan’s allegations, the ICJ, in a 14-2 vote, declined to implement the urgent protective measures requested by Sudan. Additionally, the court, by a 9-7 vote, decided to remove the case from its agenda.
Both Sudan and the UAE are parties to the 1948 Genocide Convention, but when the UAE ratified the treaty in 2005, it opted out of a crucial clause that permits nations to bring cases against one another at the ICJ, located in The Hague.
In its petition to the court this past March, Sudan accused the UAE of violating the Genocide Convention by arming and financing the Rapid Support Forces (RSF), a significant paramilitary faction opposing the Sudanese military.
During an initial hearing in the previous month, Sudan urged the ICJ to impose preliminary measures requiring the UAE to halt actions that could potentially constitute genocide against the Masalit community in the Darfur region and to cease any further support to the RSF.
The UAE dismissed these allegations, contending that Sudan had not provided credible evidence and claimed that the court was without jurisdiction.
Reem Ketait, a senior official from the Emirati foreign ministry, expressed that the court’s decision signified a clear dismissal of the Sudanese Armed Forces’ attempt to manipulate the ICJ for its misinformation campaign and to detract from its own accountability.
In its summary commentary, the ICJ indicated that it was “unable by its statute to assess the validity of the claims presented by Sudan,” yet expressed significant concern over the developing humanitarian crisis in Sudan.
Khalid Ali Aleisir, Sudan’s Minister for Information and the official spokesperson, did not provide a response to inquiries for comments.
The RSF emerged partly from the infamous Janjaweed militias, which played a role in the brutal suppression of a rebellion in Darfur during the 2000s. This conflict prompted the International Criminal Court to issue an indictment against former Sudanese leader Omar Hassan al-Bashir in 2009 for genocide and crimes against humanity. Though the military overthrew al-Bashir a decade later, he has yet to be delivered for prosecution.
The civil war in Sudan erupted in April 2023 when clashes began between the RSF and the national military. The ongoing conflict has led to widespread hunger and famine, displacing nearly 13 million people and resulting in tens of thousands of deaths.
Both parties have faced allegations of war crimes and severe human rights abuses. The RSF, led by Lt. Gen. Mohamed Hamdan, has been accused of committing acts of ethnic cleansing against the non-Arab Masalit community, while the army, overseen by Gen. Abdel Fattah al-Burhan, has been charged with employing chemical weapons and indiscriminately attacking civilians.
As the conflict continues, it has caught the attention of regional and international actors.
Particularly, the UAE has reportedly been engaged in an extensive covert operation to support the RSF, supplying advanced weaponry and drones, offering medical care to injured fighters, and airlifting critically wounded individuals to its military hospitals, according to numerous officials from the U.S., Europe, and several African nations.
Last September, the UAE denied claims regarding the use of humanitarian missions by the Emirates Red Crescent as a front for arms smuggling to the Sudanese paramilitary and facilitating drone operations to assist the fighters.
Recently, Emirati state media announced that authorities had thwarted an attempt by Sudanese military personnel to smuggle weapons to the Sudanese Army via an airport in the UAE.
The conflict has escalated in recent weeks, with the military tightening its control over the capital, Khartoum, and re-establishing access to the main international airport there.
Meanwhile, the RSF has strengthened its dominance in Darfur. Last week, the paramilitary group reportedly killed over 100 civilians in an assault on the city of Nahud and looted local markets and pharmacies. Additionally, the RSF targeted the airport and various civilian facilities in the eastern city of Port Sudan during the past weekend, according to military reports.