A coalition of distinguished international judges and legal specialists has appealed to the International Court of Justice (ICJ) to maintain Sudan’s genocide case against the United Arab Emirates (UAE) rather than dismiss it on procedural grounds.
The ICJ is set to announce its emergency ruling regarding the case on May 5, with the decision hinging on the UAE’s objection to a particular provision of the Genocide Convention.
In a unique legal statement provided to Middle East Eye, notable jurists assert that nations must be held accountable for their actions in legal settings.
Among the individuals supporting this statement are Richard Goldstone, a South African justice who previously served as the UN’s chief prosecutor for the tribunals regarding the former Yugoslavia and Rwanda, and Hans Corell, a former legal advisor to the UN.
Additionally, Melanie O’Brien, who leads the International Association of Genocide Scholars, and Irwin Cotler, the former attorney general of Canada, have also signed the opinion.
On April 10, representatives from the UAE argued before the ICJ that there is “clearly no basis” for the court’s jurisdiction in this matter.
The UAE, which is among the limited number of nations that have ratified the Genocide Convention, has made a reservation to Article IX. This article states that the ICJ has jurisdiction to resolve disputes related to the interpretation, application, or fulfillment of the Genocide Convention.
The Emirati delegates argue that this reservation, asserting that the UAE cannot face genocide charges at the ICJ, represents a valid exercise of state sovereignty.
Historically, the ICJ has upheld similar reservations made by the United States, Spain, and Rwanda as valid.
Yonah Diamond, legal counsel for the Raoul Wallenberg Centre for Human Rights, emphasized that the ICJ possesses authority over state actions that violate international law.
He indicated that allowing reservations such as that of the UAE “is akin to granting a genocidal perpetrator immunity from legal repercussions so long as they claim, ‘I assure I won’t commit genocide, but cannot face legal consequences if I do.’”
The ICJ is uniquely empowered to investigate and address cases against states accused of violating the Genocide Convention, which has been in effect since 1951 and to which the UAE joined in 2005.
The court can also issue emergency measures, which may include ceasing weapons transfers and enforcing arms control.
“To dismiss this case merely on procedural grounds would be to forsake these communities,” Diamond stated, referring to those in Darfur who face assaults from the paramilitary Rapid Support Forces (RSF), which are reportedly supported by the UAE.
“The law is designed to hold perpetrators accountable, not to provide them with a shield against justice.”
UAE’s Arms to Sudan
On March 6, Sudan submitted a formal request to initiate proceedings against the UAE at the ICJ, alleging the country’s complicity in acts of genocide against the Masalit community in Darfur.
The request claimed that the RSF, which has been engaged in conflict with the Sudanese Armed Forces (SAF) since April 2023, has committed genocide, murder, theft, sexual violence, and forced displacements, actions that were “enabled” by direct support from the UAE.
Middle East Eye has conducted thorough investigations into the supply chains employed by the UAE to provide arms and support to the RSF.
Mohamed Hamdan Dagalo, head of the RSF, widely known as Hemeti, has been exporting gold from Sudanese mines to the UAE for several years, with the Dagalo family owning various businesses in the Emirates.
Throughout the conflict, Abu Dhabi has denied offering support to the RSF.
However, on December 18 of the previous year, Brett McGurk, a former official in the US administration of President Joe Biden, communicated to Senator Chris Van Hollen that “the UAE has informed the Administration it is not currently supplying any arms to the RSF and will refrain from doing so in the future.”
This was interpreted by multiple diplomatic sources as a tacit acknowledgment of UAE’s prior support for the RSF. Just over a month later, Van Hollen confirmed that the UAE “is supplying weapons” to the RSF.
RSF Atrocities
The RSF has carried out massacres across the vast region of Darfur, which it nearly fully controls.
Most recently, RSF fighters have launched attacks on el-Fasher, the capital of North Darfur, and Zamzam, a refuge for individuals displaced during the early 2000s genocide in the region.
In both el-Fasher and Zamzam, the RSF has been seen using four Chinese lightweight AH4 howitzers, known to be sold only to the UAE.
The paramilitary group has also reportedly utilized three drones made in China, consistent with FH-95s, which were flown into the RSF-controlled Nyala airport, according to research conducted by Yale’s Humanitarian Research Lab.
In April of the previous year, the Raoul Wallenberg Centre found “clear and convincing evidence” of the RSF and its allied militias committing genocide against “non-Arab groups” in Darfur, such as the Masalit.
The ICJ stated 74 years ago that the principles of the Genocide Convention “are recognized by civilized nations as binding on states, even absent any conventional obligation.”