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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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