On 12 November 2024, the International Court of Justice (ICJ, ‘the Court’) delivered its ‘twin’ judgments on Azerbaijan’s preliminary objections on jurisdiction in Armenia v. Azerbaijian, and on Armenia’s preliminary objections on jurisdiction and admissibility in Azerbaijan v. Armenia. Both cases, brought in late 2021, invoked Article 36(1) of the ICJ Statute and Article 22 of the Convention on the Elimination of All Forms of Racial Discrimination (CERD, ‘the Convention’) as jurisdictional basis. The ICJ concluded it had jurisdiction over both claims, allowing each to proceed to the merits stage.
CERD
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‘Racial Segregation and Apartheid’ in the ICJ Palestine Advisory Opinion
Article 3 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) reads: ‘States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction’. The provision proved central to the recent International Court of Justice (ICJ) Advisory…
Forceful imposition of foreign citizenship as discrimination and breach of the right to respect for private life
Introduction On 27 March 2024, the UN Human Rights Committee (UN HRC) adopted an important decision concerning human rights violations resulting from the application of Russian law in Crimea after its annexation by Russia in 2014. In Bratsylo and others v. Russia (Bratsylo case), the UN HRC found that the applicants’ detention and…
Wa Baile c. Suisse: A victory against racial profiling?
Mohamed Wa Baile, a Swiss citizen of Kenyan origin, was stopped by the municipal police in the Zurich train station when he was on his way to work. According to the police officer in charge, he stopped Mr Wa Baile because of his behaviour, which appeared suspicious to him as Mr Wa Baile looked away when he realised…
ICJ’s Judgment in Ukraine v. Russia regarding CERD’s Scope of Racial Discrimination: ICJ’s Approach to CERD Committee’s Views
On 31 January 2024, the International Court of Justice (ICJ) delivered its judgment on the merits of the case in Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation). One of the issues was Ukraine’s assertion…
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