The International Court of Justice (ICJ), located in The Netherlands, has rejected Sudan’s allegation that the United Arab Emirates (UAE) played a role in inciting genocide in Darfur.
Last month, Khartoum presented its case to the international court, claiming the UAE was breaching the Genocide Convention by providing armaments to paramilitary groups.
What did the court conclude?
The judges ruled in favor of the UAE, stating that the court clearly lacked the authority to address the case.
Sudan had sought urgent intervention from the court against the UAE.
In response, the UAE maintained that the court did not possess the legal authority to adjudicate the issue.
When the UAE ratified the UN’s Genocide Convention in 2005, it included a “reservation” concerning a specific clause that permitted one nation to bring another before the ICJ over disputes.
This reservation indicated that the ICJ in The Hague had no jurisdiction over this matter, as asserted by the UAE.
While the court acknowledged this point, it expressed its apprehension regarding the violence occurring in the region.
The ICJ stated it was “deeply troubled by the ongoing humanitarian crisis in Sudan that serves as the context for this dispute.”
“The violent conflict is causing immense suffering and a tragic loss of life, particularly in West Darfur,” the court observed.
In their judgment, the judges noted that, notwithstanding the opt-out clause, states continue to be accountable for actions that contravene their international duties.
Current situation in Sudan’s civil conflict
Since April 2023, Sudan has descended into turmoil due to a fierce struggle for power between army leader Abdel Fattah al-Burhan and the commander of the paramilitary RSF, Mohamed Hamdan Daglo.
The ongoing conflict has led to what humanitarian organizations are calling the most severe displacement and hunger crisis globally, with famine officially declared in five areas, according to reports supported by the UN.
North Darfur has become a particular area of concern, with the UN reporting that at least 542 civilians have lost their lives in the past three weeks alone.
On Sunday, the RSF launched an attack on Port Sudan, as reported by the army, marking the first assault on the stronghold of the military-aligned government during the two years of conflict.