ICJ urged not to throw Sudan's UAE genocide case out on a 'technicality'
A group of prominent international judges and legal experts have urged the International Court of Justice (ICJ) not to throw out Sudan's genocide case against the United Arab Emirates on a 'technicality'.
The ICJ will deliver its emergency order in the case on 5 April, with the verdict expected to turn on the question of the UAE's reservation to an article of the Genocide Convention.
In an exclusive legal opinion shared with Middle East Eye, prominent international jurists argue that states 'should be compelled to account for their actions in a court of law'.
The signatories include South African judge Richard Goldstone, who was the UN's chief prosecutor at the tribunals for the former Yugoslavia and Rwanda, and Hans Corell, formerly the UN legal counsel.
Melanie O'Brien, president of the International Association of Genocide Scholars, and Irwin Cotler, Canada's former attorney general, are also among the opinion's signatories.
New MEE newsletter: Jerusalem Dispatch
Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters
On 10 April, a UAE delegation to the ICJ argued that 'there is clearly no basis' for the court's 'jurisdiction in this case'.
The UAE is one of a handful of countries that have signed the Genocide Convention but made a reservation to Article IX, which stipulates that the ICJ is responsible for 'addressing disputes related to the interpretation, application or fulfilment of the Genocide Convention'.
The Emirati delegation at the ICJ says this reservation, which argues that the UAE cannot be tried for genocide at the World Court, is a 'legitimate exercise of state sovereignty'.
Previously, the ICJ has ruled that the United States, Spain and Rwanda's reservations to Article IX were fair.
Yonah Diamond, the legal counsel of the Raoul Wallenberg Centre for Human Rights and an author of the opinion, told MEE the ICJ 'has authority over state conduct for violations of international law'.
He said that upholding reservations like the UAE's 'is like allowing a perpetrator of genocide to evade legal accountability as long as they say, 'I guarantee I won't commit acts of genocide, but cannot be brought to a court of law if I do'.'
The ICJ is the only court in the world with the power to investigate and bring cases against states accused of breaking the Genocide Convention, which has been effective since 1951 and which the UAE acceded to in 2005.
The court has the power to issue emergency measures, including halting weapons transfers and the laying down of arms.
'To dismiss this case on a technicality alone would be to abandon these communities,' Diamond said, speaking of those in Darfur subjected to attacks by the paramilitary Rapid Support Forces (RSF), which the UAE is accused of supplying.
'The law exists to bring perpetrators to court, not to shield them from accountability.'
UAE arms to Sudan
On 6 March, Sudan filed an application to open proceedings against the UAE before the ICJ over alleged complicity in acts of genocide against the Darfur's Masalit community.
The application said that the RSF, which has been at war with the Sudanese Armed Forces (SAF) since April 2023, had perpetrated genocide, murder, theft, rape and forcible displacement, and that it was 'enabled' to do so by direct support from the UAE.
MEE has reported extensively on the network of supply lines through which the UAE arms and supports the RSF.
Mohamed Hamdan Dagalo, the RSF chief better known as Hemeti, has for years exported gold from mines in Sudan to the UAE. The Dagalo family has a string of businesses based in the Emirates.
Abu Dhabi has, throughout the war, denied supporting the RSF.
But on 18 December last year, Brett McGurk, an official in the outgoing US administration of US President Joe Biden, wrote to Senator Chris Van Hollen that 'the UAE has informed the Administration that it is not now transferring any weapons to the RSF and will not do so going forward'.
This was seen by multiple diplomatic sources as a tacit admission that the UAE had been supporting the RSF up to that point. Just over a month after receiving the letter, Van Hollen confirmed that the UAE 'is providing weapons' to the RSF.
RSF massacres
The RSF has committed massacres across Darfur, the vast western region that it almost completely controls.
Most recently, its fighters have attacked el-Fasher, the capital of North Darfur, and Zamzam, a camp for people displaced during the Darfur genocide of the early 2000s.
In Zamzam and el-Fasher, the RSF has used four Chinese lightweight AH4 howitzers, the only known buyers of which are the UAE.
The paramilitary has also, according to Yale's Humanitarian Research Lab, used three Chinese-made drones 'consistent with FH-95s' flown into the RSF-controlled Nyala airport.
In April last year, the Raoul Wallenberg Centre concluded there was 'clear and convincing evidence' that the RSF and its allied militias were committing genocide against 'non-Arab groups' in Darfur, such as the Masalit.
The ICJ said 74 years ago that the principles of the Genocide Convention 'are recognised by civilised nations as binding on states, even without any conventional obligation'.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Middle East Eye
an hour ago
- Middle East Eye
Everything you need to know about the immigration protests in Los Angeles
It was a weekend of mayhem in Los Angeles. In the midst of several large-scale raids on immigration communities, thousands of people took to the streets over the weekend to challenge the Immigration and Customs Enforcement (ICE) agency for detaining people said to be undocumented. The protests, which began on Friday, have been met with violent force, as the Los Angeles Police Department (LAPD) deployed tear gas, pepper balls, and rubber bullets to deter protests and even intimidate journalists. By Sunday, with protests expanding and tensions escalating, US President Donald Trump mobilised the National Guard without seeking California Governor Gavin Newsom's authorisation, to try and put an end to the protests. Trump made the deportation of undocumented persons in the US a central plank of his re-election campaign last year and has implemented policies of mass deportation with little regard for due process. Just days before protests erupted in Los Angeles, Trump implemented a new travel ban. California's state attorney general announced on Monday that it is suing the Trump administration. "Commandeering a state's National Guard without consulting the Governor of that state is illegal and immoral," Newsom said on Sunday, when he declared on X that he intended to take the president to court. New MEE newsletter: Jerusalem Dispatch Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters Middle East Eye looks at Trump's targeting of undocumented people in the US, the protests unfolding in southern California, and the likelihood of the protests spreading to other parts of the country. How did the protests start? Protests began on Friday as ICE and FBI agents attempted to arrest migrant workers in Los Angeles' Fashion District. Protesters congregated near the Los Angeles Metropolitan Detention Center, where people arrested by ICE were being held. Protesters spray-painted anti-ICE slogans, and federal agents fired tear gas and rubber bullets at the crowd. As evening fell, the LAPD began advancing on the crowd, firing "less-lethal" ammunition and threatening arrests. On Saturday, an ICE raid on a Home Depot store in Paramount sparked further demonstrations. Protestors used shopping carts and cinderblocks to create makeshift barricades, and some threw rocks at ICE vehicles. On Saturday evening local time, protests continued in Compton, south of Los Angeles. These were met with a similar police response. That night, Trump also ordered 2,000 National Guardsmen to be sent to Los Angeles to quell the protests. Despite the deployment, protests continued on Sunday. Demonstrators shut down part of the 101 Freeway while police bombarded protestors with less-lethal ammunition, sometimes at near point-blank range, outside of the detention centre. Also, on Sunday evening, the city of Glendale announced that it had terminated an agreement with ICE to hold detainees. US: Palantir expanding immigrant surveillance tools for ICE to the tune of $30m Read More » During the protests, ICE detainees in a detention centre were seen flashing lights and hitting the walls, in what some protesters took as a signal to demonstrate against ICE on the outside. ICE has a long history of human rights abuses stretching back to its founding in 2003. Under both Democratic and Republican administrations, ICE facilities have been overcrowded and rife with staff misconduct. In some places, detainees are said to be given only one cup of water per day. The protests come after months of rising tensions in immigrant communities, as ICE operations began to escalate. In early February, thousands of high school students in Los Angeles walked out of their classes to protest ICE raids. Last week, the Trump administration set a quota for ICE to arrest 3,000 people per day. On Tuesday, ICE arrested 2,200 people, the most arrests in a single day by the agency. The agency is also said to have used duplicitous tactics to arrest undocumented migrants. On 3 June, for example, ICE sent out mass texts urging people to arrive early to their scheduled immigration appointments, only to arrest them on site. Two days later, ICE arrested a woman while her lawyer was in the bathroom. Protesters clash with law enforcement in the streets surrounding the federal building during a protest in Los Angeles, California, on 8 June 2025 (Ringo Chiu/AFP) How has the city responded? Los Angeles is a sanctuary city, which generally means refusing to cooperate with the federal government's immigration laws, including working with ICE agents. Still, the LAPD responded to the protests with force. Throughout the weekend, the LAPD attempted to disperse protestors by continuously firing less lethal ammunition into crowds of protestors. LAPD also beat protestors with batons and arrested at least 56 people. The city's police chief, Jim McDonnell, accused outside agitators of inciting violence. However, several events caught on live television showcase incidents of police brutality that undermine police testimony. In the first incident, LAPD officers beat a protester as he lay on the floor, and appeared to stomp over him with a horse. In another, a demonstrator was knocked over by a van as he tried to hold it back from moving forward. Police were also caught on camera refusing to call an ambulance for a woman they had shot in the head with a rubber bullet. JD Vance's mentor co-founded company that helps Israel generate 'kill lists' of Palestinians in Gaza Read More » Several journalists have also been targeted by the LAPD in the past several days, with some reporting injuries from rubber bullets and tear gas. On Sunday, a clip went viral of an LAPD officer shooting an Australian journalist in the leg with a rubber bullet. Protesters have responded by slashing the tires, spray painting and breaking the windows of police vehicles. In one instance, protesters on an overpass threw Lime scooters at police vehicles parked below. Los Angeles mayor Karen Bass condemned the deployment of the National Guard. However, Bass thanked the LAPD and threatened consequences for those involved in 'violence, destruction and vandalism'. Bass did not mention the LAPD's violence. What is the significance of the National Guard being deployed? Typically, a state's National Guard is only deployed after a request from the state's governor. On Sunday, Trump deployed the National Guard without the governor's authorisation for the first time since 1965. Secretary of Defence Pete Hegseth on Saturday also threatened to deploy 500 Marines to Los Angeles. California Governor Gavin Newsom requested that Trump rescind the deployment of the National Guard and accused Trump of trying to 'manufacture a crisis'. Trump's willingness to send in the National Guard without authorisation is reminiscent of his actions during the George Floyd protests of 2020, when masked federal agents indiscriminately detained protestors off the streets. However, the LAPD, not the National Guard, was responsible for most of the violence this weekend. What might happen next? In Los Angeles, protests are continuing. ICE raids on a Home Depot on Monday are already being met with resistance. The intensity of the opposition to ICE's presence could make federal authorities reconsider more incursions in Los Angeles. Protests have also spread to New York and San Francisco. In San Francisco, at least 150 protestors were arrested on Sunday evening after police declared an anti-ICE protest unlawful. Protestors spray-painted anti-ICE messages on police vehicles and damaged the windows of a Chase Bank. Earlier, on Saturday, protesters demonstrated against the transfer of undocumented immigrants detained by ICE in New York City. Over 20 people were arrested, with one protester being taken away in an ambulance. There have been several indications that more protests could expand in New York this week.
The National
2 hours ago
- The National
US and Lebanon deny reports of deal with Israel to withdraw UN peacekeepers
A Lebanese official has denied reports in Israeli media claiming that Israel and the United States have agreed to end the mandate of UN peacekeepers in southern Lebanon. 'This is not serious. We have sources in Washington who completely denied it,' the official told The National. A US State Department spokesman told The National in New York the reports were "not accurate". The UN Security Council is expected to vote in August on a draft resolution to extend the mandate of the UN Interim Force in Lebanon (Unifil) – a 10,000-strong peacekeeping force posted in southern areas bordering Israel. The Jerusalem Post, a conservative Israeli daily newspaper, reported on Sunday that the US administration has decided not to renew Unifil's mandate, and that Israel 'did not try to convince them otherwise'. 'I don't know where these reports are coming from, but they won't lead anywhere. The presence of Unifil is a necessity for everyone,' the Lebanese source added. The official said the renewal process had already begun at the request of Lebanese authorities and was expected to proceed smoothly. The decision to extend Unifil's mandate, which is taken annually, is made by the UN Security Council rather than individual countries. The council consists of 15 members; five permanent – the US, UK, France, China and Russia – and 10 rotating. Unifil peacekeepers were deployed in 1978 after Israel invaded south Lebanon, and the force is tasked with monitoring violations from both sides of the border. Its area of operations extends from the Blue Line – the UN-delineated border between Lebanon and Israel – to the Litani River, about 30km from the border. UN deputy spokesman Farhan Haq said the mandate was in the hands of the Security Council. But he praised the work that Unifil has done since the 1970s as "speaking for itself". The force "has been a very crucial component to the safety and the stability of southern Lebanon", he said. "The unrest and activity across the blue line continues even now, so the situation has not returned to a position of stability." Unifil's annual budget is around $500 million, which is provided by contributions from UN member states. Contributions to UN peacekeeping missions are based on a formula, which takes into account 'relative economic wealth of member states, with the five permanent members of the Security Council required to pay a larger share because of their special responsibility for the maintenance of international peace and security,' according to the UN. The Israeli Prime Minister Benjamin Netanyahu has openly criticised Unifil in several instances, calling on the UN to withdraw its peacekeepers from Lebanon and accusing the mission of serving as human shields for Hezbollah during the recent conflict in Lebanon. Unifil has reported numerous breaches of the US-brokered truce deal between Israel and Hezbollah that took effect in November, ending 14 months of conflict, including two months of intense Israeli bombardment. These include nearly 2,200 Israeli airspace incursions, more than 40 air strikes, and close to 1,300 Israeli ground activities in southern Lebanon, a spokesman for the peacekeeping force told The National in April. On the Lebanese side, Unifil has reported 19 missiles launched from Lebanon into Israel. The force has also found Hezbollah weapons caches and rocket launchers on an almost daily basis. Unifil reports violations of UN Resolution 1701, which ended the 2006 conflict, not the latest truce on which it is based. The peacekeeping force holds regular meetings with the ceasefire monitoring committee established under the latest truce, which is led by the United States and includes France, the Israeli military and the Lebanese army. Despite this, Israel has continued to strike Lebanon, including the capital, Beirut, claiming that it is striking Hezbollah military sites that violate the agreement.
The National
2 hours ago
- The National
Aid ship reaches Israel after thwarted voyage to Gaza
An aid ship denied entry to Gaza was towed to Israel late on Monday, after the yacht carrying activists including Greta Thunberg was boarded by Israeli troops. The ship Madleen entered the port of Ashdod under escort by Israel's navy, in its first sighting since the Israeli military took command early on Monday. Organisers of the so-called Freedom Flotilla had tried in vain throughout the day to reach the 12 crew members, whom Israel said were unharmed. "Upon arrival, arrangements will be made for their return to their respective home countries," the Israeli Foreign Ministry said. The activists were expected to be held at a detention facility in the Israeli city of Ramle before being deported, according to Adalah, a legal rights group representing the activists. The yacht was carrying a small amount of humanitarian aid, including rice, baby formula and medical supplies, in a symbolic voyage in protest at Israel's blockade of Gaza. Crew members say they are unarmed civilians who pose no threat. Organisers said on Monday afternoon they had no contact with the 12 crew members on board, and do not know their whereabouts. The Freedom Flotilla Coalition said lawyers had "repeatedly contacted Israeli military officials" but received no response since the early hours of the morning. "According to the Israeli Immigration Authority, they are not yet in custody," a statement said. Israel said the yacht was still on its way to shore. The Foreign Ministry said the humanitarian aid on board would be taken to Gaza. "The tiny amount of aid that was on the yacht and not consumed by the 'celebrities' will be transferred to Gaza through real humanitarian channels," it wrote. "The 'selfie yacht' of the 'celebrities' is safely making its way to the shores of Israel. The passengers are expected to return to their home countries," Israel's Foreign Ministry earlier wrote on X. All passengers were safe and unharmed, the ministry added. "They were provided with sandwiches and water. The show is over." Israeli Defence Minister Israel Katz had ordered the military on Sunday to prevent the vessel from reaching Gaza, calling the mission a propaganda effort in support of Hamas. A previous yacht, Conscience, attempted the same voyage in May until it was halted by a drone strike that organisers blamed on Israel. The mission comes amid growing outrage at Israel for blockading aid entry into Gaza for 11 weeks. As well as Ms Thunberg, the crew of the Freedom Flotilla includes French politician Rima Hassan, who is of Palestinian descent, and other volunteerefrom Germany, the Netherlands, Spain, Germany and Brazil. Gaza Freedom Flotilla, the activist group operating the vessel, posted on Telegram on Sunday night that it had been intercepted. "Connection has been lost on the Madleen," it wrote. "Israeli army have boarded the vessel." Mr Katz said he instructed the military to show the activists videos from the October 7, 2023 attack on Israel carried out by Hamas. "It is appropriate that the anti-Semitic Greta and her fellow Hamas supporters see exactly who the Hamas terrorist organisation is they came to support and for whom they are working," he said. The yacht Madleen is named after a Gazan fisherwoman, according to the activist organisation, which says the flotilla is "carrying a cargo of hope and humanitarian aid". Francesca Albanese, UN special rapporteur on human rights in the Palestinian territories, said she had lost contact with the vessel. 'I heard the soldiers speaking while the captain was on the phone with me,' she posted on X. 'I lost connection with the captain as he was telling me that 'another boat is approaching'.' The vessel was carrying several Turkish citizens, including Suayb Ordu, an activist who has been involved in Palestine advocacy for years. Turkey's Foreign Ministry said in a statement that Israel's intervention was a "clear violation of international law". "This heinous act by the [Benjamin] Netanyahu government, which threatens freedom of navigation and maritime security, once again demonstrates that Israel is acting as a terror state," it said. "Israel's aggressive and unlawful actions will not silence the voices that stand up for human dignity and universal values." France said it would work to ensure the rapid return home of French citizens aboard the boat. Spain's Foreign Ministry summoned Israel's top diplomat in Madrid to protest the intervention, local media reported. Iran's Foreign Ministry spokesman Esmaeil Baghaei condemned the Israeli interception of the vessel, calling it a "form of piracy". Tunisian convoy In a separate effort, hundreds of people on Monday launched a land convoy from Tunisia bound for Gaza, with which activists similarly aim to "break the siege" on the territory. Organisers said the nine-bus convoy was not bringing aid into Gaza but aimed at carrying out a "symbolic act" in support of Gaza. The "Soumoud" convoy, meaning "steadfastness" in Arabic, includes doctors and aims to arrive in Rafah, in southern Gaza, by the end of the week. It is set to pass through Libya and Egypt, although Cairo has yet to provide passage permits. The Rafah border crossing has been closed since Israel seized control of it last May. "Egypt has not yet given us permission to cross its borders, but we will see what happens when we get there," activist Jawaher Channa told AFP. She said the convoy was not expected to face issues crossing Libya "whose people have historically supported the Palestinian cause". Algerian, Mauretanian, Moroccan and Libyan activists were also among the group, which is set to travel along the Tunisian and Libyan coasts before continuing on to Rafah through Egypt.
