Sudan v UAE: Sound administration of justice, reputation management or deference to power?
Professor Alexander Orakhelashvili discusses the International Court鈥檚 Order in the case between Sudan and United Arab Emirates.
Professor Alexander Orakhelashvili discusses the International Court鈥檚 Order in the case between Sudan and United Arab Emirates.
On 5 May 2025, the International Court decided to reject Sudan鈥檚 request for indication of provisional measures in the Sudan v UAE case and to remove the case form its General List. The decision was guided by the Court鈥檚 attitude to reservations under Article IX of the Genocide Convention. The Court acknowledges that 鈥渁 reservation under the Genocide Convention would not be permissible if such a reservation is incompatible with the object and purpose of the Convention鈥 (para.30). Yet, it suggests that UAE鈥檚 reservation 鈥渂ears on the jurisdiction of the Court and does not affect substantive obligations relating to acts of genocide themselves under that Convention鈥; it is 鈥渕eant to exclude a particular method of settling a dispute relating to the interpretation, application or fulfilment of the Convention鈥, and is hence not 鈥渢o be regarded as incompatible with the object and purpose of the Convention鈥 (para. 31). This is all the Court says on this matter, regardless of the extensive...