Application of CERD (Qatar v. United Arab Emirates), Summary of Judgement, 2021

International Court of Justice, Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates), Summary of Judgement, 2021,

History of the proceedings,

The Court begins by recalling that, on 11 June 2018, the State of Qatar (hereinafter “Qatar”) filed in the Registry of the Court an Application instituting proceedings against the United Arab Emirates (hereinafter the “UAE”) with regard to alleged violations of the International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965 (hereinafter “CERD” or the “Convention”). It notes that, in its Application, Qatar seeks to found the Court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article 22 of CERD.

The Court then states that, following Qatar’s submission of a Request for the indication of provisional measures on 11 June 2018, the Court, by an Order of 23 July 2018, indicated the following provisional measures:

“(1) The United Arab Emirates must ensure that,

(i) families that include a Qatari, separated by the measures adopted by the United Arab Emirates on 5 June 2017, are reunited;

(ii) Qatari students affected by the measures adopted by the United Arab Emirates on 5 June 2017 are given the opportunity to complete their education in the United Arab Emirates or to obtain their educational records if they wish to continue their studies elsewhere; and

(iii) Qataris affected by the measures adopted by the United Arab Emirates on 5 June 2017 are allowed access to tribunals and other judicial organs of the United Arab Emirates;

(2) Both Parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.”

The Court also recalls that, on 22 March 2019, the UAE submitted a Request for the indication of provisional measures, which was rejected by the Court in its Order of 14 June 2019.

Finally, the Court states that, on 30 April 2019, the UAE presented preliminary objections to the jurisdiction of the Court and the admissibility of the Application.

1 Vienna Convention on the law of treaties 1969 (Part I)

7 Vienna Convention on Diplomatic Relation 1961 (Full)

8. UN Charter (1)

9. UN Charter (2)

10. UN Charter (3)

11. UNCLOS 1982 (1)

12. UNCLOS 1982 (2)

13. UNCLOS 1982 (3)

14. UNCLOS 1982 Part V: Exclusive Economic Zone

15. UNCLOS 1982 Part VI: Continental Shelf

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