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State of the pleadings: reservations to Article IX of the Genocide Convention revisited

Professor Alexander Orakhelashvili comments on the case of Sudan v United Arab Emirates, pending before the International Court of Justice.

Alexander Orakhelashvili

In an earlier post, I have discussed some aspects surrounding the use of jurisdictional clause under Article IX of the 1948 Genocide Convention in the pending case of Sudan v UAE.

A couple of recent blogposts on this case suggest that the Court’s adherence to UAE’s Article IX reservation in this case is a fait accompli and foregone conclusion, so that even the provisional measures request is bound to be rejected. The argument in both blogposts is, however, prevailingly statistical in referring to several cases in which Article IX reservations were acted upon one way or another. Predictions made are indeed likely to be fulfilled if statistics and casuistry is to prevail over nuance and content.

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