World Court begins hearing Sudan’s ‘complicity in genocide’ case against the United Arab Emirates

The hearings in The Hague, focus on Sudan’s request for the court – the UN’s principal judicial organ – to impose provisional measures to prevent further alleged grave human rights violations.

Brutal civil war

Sudan’s military Government is alleging that the UAE has been directly supporting the RSF and allied militias, which have embroiled in a brutal civil war with the national army since April 2023.

The conflict has triggered one of the world’s worst humanitarian crises, claiming tens of thousands of lives and displacing over 12.4 million people – more than 3.3 million as refugees in neighbouring countries.

Hunger has reached catastrophic levels, with famine declared in several regions, and disease outbreaks and the collapse of essential services have left millions, especially children at extreme risk.

The case, formally titled Application of the Convention on the Prevention and Punishment of the Crime of Genocide in Sudan (Sudan v. United Arab Emirates), was initiated last month, when Sudan filed an application instituting proceedings against the UAE.

Sudan’s allegations

Khartoum claims the RSF and its affiliates are responsible for serious human rights violations including mass killings, rape and the forced displacement of the non-Arab Masalit people in West Darfur.

The application claims the UAE “is complicit in the genocide on the Masalit through its direction of and provision of extensive financial, political, and military support for the rebel RSF militia.”

Pending a final judgment in the case, the court is being asked to indicate provisional measures ordering the UAE to “take all measures within its power to prevent the commission of all acts” that could contribute to genocide.

Additionally, Sudan is asking for the UAE to prevent any allied irregular armed units involved, directly or indirectly, from carrying out further alleged atrocities.

The Court has the authority under Article 36(1) of the its Statute to hear and decide on disputes under international law – including international treaties and conventions – brought by one State against another, provided both have accepted the Court’s jurisdiction.

The Convention

The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the UN General Assembly on 9 December 1948, in the aftermath of the atrocities of World War II. It entered into force on 12 January 1951.

It defines genocide as any act “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

Both Sudan and the UAE are a party to the Convention, making them legally bound by its provisions.

More to come…