Jurisdiction

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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 group in Sudan. By a vote of 14-2, the Court rejected Sudan’s request for provisional measures against the UAE. and, by a narrower margin of 9-7, the Court ordered the case removed entirely from its General List, determining that it ‘manifestly lacks jurisdiction’ [‘MLoJ’] to entertain Sudan’s application. [See Quazi Foysal] In this contribution, the author first decodes the ICJ Order and judges’ opinion. Secondly, by placing the judicial opinions in conversation with one another, he examines the broader implications of the Court’s approach to jurisdictional questions in cases concerning allegations of genocide and evaluates whether the Court missed an opportunity to establish clearer guidelines regarding early dismissal of cases from its General List.

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Undoing the Grand Bargain? Pax Americana and the United Nations

Since its 3 February 2025 Executive Order, the United States has engaged in a series of decisions to either pause or entirely remove funding for various international organizations and agencies within the United Nations system, including withdrawing from the World Health Organization, withdrawing from the United Nations Human Rights Council, the 90-day pause in…

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Kerajaan Malaysia v. Lawyers for Liberty: At the Confluence of Fake News and Extraterritoriality

The dangers caused by the proliferation of misinformation – or ‘fake news’ – via social media platforms and instant messaging services are not easy to counteract. By the internet’s very nature, online communications are difficult to regulate as information shared by users in one jurisdiction can be easily made available to users in many others. In some cases,…

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Azerbaijan v Armenia: Reciprocity and the temporal scope of jurisdictional clauses in erga omnes partes proceedings?

On 12 November 2024, the ICJ released its judgment on preliminary objections in the Azerbaijan v Armenia. As the parallel case of Armenia v Azerbaijan, it invokes alleged violations of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and is based on the compromissory clause in Art 22 CERD. Although lodged…

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Admissibility vs Jurisdiction in Guyana v Venezuela (ICJ)

On 6 April 2023, the International Court of Justice (ICJ) delivered its judgment in the case of Arbitral Award of 3 October 1899 (Guyana v Venezuela). The background to this case has already been discussed in detail on this blog here. In short, it relates to a centuries-old territorial dispute originating in the colonial era, unsuccessfully resolved…

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