Genocide

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The Sudan Genocide Case and the Legal Effect of Reservations to Compromissory Clauses in Disputes Concerning Obligations Erga Omnes Partes

Introduction On 5 May, the International Court of Justice (‘Court’ or ‘ICJ’) issued an order in the case brought by Sudan against the United Arab Emirates (‘UAE’) (see commentaries here and here). The dispute concerned alleged violations of the 1948 Genocide Convention (‘the Convention’) arising from acts attributed to the UAE in its purported ‘direct support’ of the Rapid Support Forces militia and ‘in connection with the genocide against the Masalit group’ occurring in Sudan since 2023 (application). In addition, Sudan requested the Court to indicate provisional measures (‘PMs’) ‘in order to preserve the rights of the members of the Masalit group [in Sudan] […] from the genocidal acts protected under the [Convention],’ as well as the right of Sudan ‘to safeguard compliance with the Genocide Convention.’ As anticipated, the Court ultimately rejected Sudan’s request for the indication of PMs and decided to remove the case from the General List due to manifest lack of jurisdiction.

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Sudan v UAE: Where Legal Categories could have met Fluid Identities

Sudan v. United Arab Emirates is no more before the International Court of Justice. Not only did the Court reject Sudan’s request for provisional measures against the UAE due to a lack of prima facie jurisdiction; it controversially – nine judges voted in favour; seven against – removed the case from its general list, arguing that there was…

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To Remove Or Not To Remove The Sudan Genocide Case From The ICJ’s General List By Provisional Measures Order

Prelude to Sudan v. UAE As evident from Sudan’s Application Instituting Proceedings in Sudan v. UAE before the International Court of Justice (ICJ or Court) and the UAE’s declaration demanding the “immediate dismissal” of that case, it was predicted that the provisional measures hearing of 20 April 2025 would largely concentrate on the dual…

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ICC Office of the Prosecutor Releases Draft Policy on Cyber-Enabled Crimes

This article is cross-posted at Lawfare. On March 6, the Office of the Prosecutor of the International Criminal Court (ICC) published a draft Policy on cyber-enabled crimes, which is now open for public consultation. States and non-state actors are increasingly using advanced cyber tools, including artificial intelligence (AI), to commit or facilitate crimes against international law. This…

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Lost for Words, yet Grasping for Neologisms: Gaza, Genocide and the Discursive Limits of International Law

Image: Qassem, a Palestinian shepherd from Umm al Fugara, is being investigated by Israeli military police and army for land ownership, after a settler wrongfully accused him of assault. Philippe Pernot. Whether within the lexicon of international law or the parlance of everyday conversation, invoking ‘genocide’ is pregnant with explosive and abrasive intent. Lawyers and…

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