The Sudan Genocide Case and the Authorized Impact of Reservations to Compromissory Clauses in Disputes Regarding Obligations Erga Omnes Partes – EJIL: Discuss! – Model Slux

The Sudan Genocide Case and the Authorized Impact of Reservations to Compromissory Clauses in Disputes Regarding Obligations Erga Omnes Partes – EJIL: Discuss! – Model Slux

Introduction

On 5 Might, the Worldwide Courtroom of Justice (‘Courtroom’ or ‘ICJ’) issued an order within the case introduced by Sudan in opposition to the United Arab Emirates (‘UAE’) (see commentaries right here and right here). The dispute involved alleged violations of the 1948 Genocide Conference (‘the Conference’) arising from acts attributed to the UAE in its purported ‘direct assist’ of the Speedy Help Forces militia and ‘in reference to the genocide in opposition to the Masalit group’ occurring in Sudan since 2023 (utility). As well as, Sudan requested the Courtroom to point provisional measures (‘PMs’) ‘with a view to protect the rights of the members of the Masalit group [in Sudan] […] from the genocidal acts protected beneath the [Convention],’ in addition to the precise of Sudan ‘to safeguard compliance with the Genocide Conference.’ As anticipated, the Courtroom in the end rejected Sudan’s request for the indication of PMs and determined to take away the case from the Normal Listing on account of manifest lack of jurisdiction.

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