The UAE has welcomed the decision by the top UN court to dismiss and terminate the case filed by Sudan, in which it claimed the Emirates was backing the paramilitary Rapid Support Forces (RSF) in the war that has devastated Sudan since April 2023.
“The court considers that, in light of the reservation made by the UAE to the compromissory clause contained in Article IX of the Genocide Convention and in the absence of any other basis of jurisdiction, the court lacks jurisdiction to entertain Sudan’s application,” said The Hague-based International Court of Justice (ICJ). “The present case will therefore be removed from the general list.”
The court's removal of the case from its general list for manifest lack of jurisdiction at the stage of provisional measures has not happened in 25 years, said the UAE Foreign Ministry.
Both Sudan and the UAE are signatories to the 1948 Genocide Convention. But when the UAE acceded to the Genocide Convention in 2005, it entered a reservation to Article IX, which gives the ICJ jurisdiction to hear disputes between states under the convention.
“Having come to the conclusion that it manifestly lack jurisdiction, the court is precluded by the statute from taking any position on the merits of the claims made by Sudan," added the ICJ.
Reem Ketait, deputy assistant minister for political affairs at the UAE Ministry of Foreign Affairs, said in a statement that the decision "is a clear and decisive affirmation of the fact that this case was utterly baseless".
"The court’s finding that it is without jurisdiction confirms that this case should never have been brought," she added.
"Today’s decision represents a resounding rejection of the Sudanese Armed Forces’ (SAF) attempt to instrumentalise the court for its campaign of misinformation and to distract from its own responsibility. The facts speak for themselves: the UAE bears no responsibility for the conflict in Sudan. On the contrary, the atrocities committed by the warring parties are well-documented," said Ms Ketait.
"The Sudanese Armed Forces and the Rapid Support Forces must stop fighting, must stop weaponising aid and must endorse civilian leadership independent from military control as the only foundation for sustainable peace."
The UAE has consistently denied supporting any side in the conflict, reaffirming calls for an immediate and unconditional end to the violence. Authorities in the country last week also thwarted an attempt to smuggle weapons and military supplies to the Sudanese army. The operation involved a private plane and five million rounds of machinegun ammunition, as revealed by UAE Attorney General Dr Hamad Al Shamsi.
A senior UAE diplomat emphasised to The National on Monday that the world must not allow Sudan to descend further into chaos, extremism and fragmentation, as the UN's top court prepared to rule on the case.
“The time for action is now. The killing must stop. The warring parties must urgently and without preconditions engage in good faith negotiations,” said the UAE's ambassador to the Netherlands, Ameirah AlHefeiti. “The SAF’s repeated refusal to participate in talks is unacceptable. Any party that fails to engage seriously must be publicly called out.”
A recent UN report by the Panel of Experts on Sudan revealed that both parties are responsible for atrocities against civilians, including indiscriminate bombardments, conflict-related sexual violence, and the obstruction of humanitarian aid delivery. The report did not support allegations or include findings against the UAE.
"Civilians in RSF-controlled territories faced acute food shortages and endemic violence, while indiscriminate air strikes by SAF decimated critical infrastructure, leaving urban populations trapped and vulnerable,” the report read.
Sudan is currently in the grips of a war between the armed forces, led by Gen Abdel Fattah Al Burhan, and the RSF, commanded by Gen Mohamed Dagalo. What began as a power struggle between two former allies, who together staged a coup in 2021, has escalated into one of the world’s worst humanitarian crises.
The conflict has claimed tens of thousands of lives, though the exact death toll remains uncertain, and displaced more than 13 million people, making it the largest displacement crisis in the world. The humanitarian situation is dire, with millions in need of aid and widespread famine conditions reported.
