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Serbia ≠ Fidji? or: What happened to Serbia’s Intervention in the Case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Sudan v. United Arab Emirates)

I. Introduction Certain aspects and the (then still potential) outcome of the ICJ Case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in Sudan (Sudan v. United Arab Emirates) were already discussed on this blog here and here, including the issue of a possible intervention by third States here. Yet, the way the Court has been dealing with (or rather has not been dealing with) Serbia’s (attempted) intervention under Art. 63 ICJ Statute in this case has so far not been analyzed despite the fact that this raises significant issues as to the Court’s procedural approaches over time. II. Serbia’s (attempted) intervention in Sudan versus United Arab Emirates The Sudanese application in the case here under consideration was submitted to the Court on March 5, 2025 accompanied by a request for provisional measures of the same day. On March 28, 2025 the Court informed the public by way…

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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…

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From Extraterritorial Obligations to Aggravated Responsibility: How Regional Human Rights Courts Could Shape the ICJ Advisory Opinion on Climate Change

In March 2023, the United Nations General Assembly requested an advisory opinion from the International Court of Justice (ICJ) on states’ responsibilities under international law to protect the climate system for current and future generations. The Court’s Opinion is expected to clarify the content and scope of human rights obligations and their implications for state…

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Judicial Restraint and Jurisdictional Clarity: Decoding the ICJ’s Decision in Sudan v. United Arab Emirates

On 5th May, 2025, the International Court of Justice [‘ICJ’] delivered its Order in Sudan v. United Arab Emirates, in the application filed on March 5, 2025 instituting proceedings against the UAE concerning alleged violations of the Genocide Convention [Convention], concerning the Masalit…

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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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