The International Court of Justice (ICJ) on Monday dismissed a genocide case brought by Sudan against the United Arab Emirates (UAE), citing a lack of jurisdiction. The lawsuit accused the UAE of complicity in atrocities committed by Sudan’s paramilitary Rapid Support Forces (RSF) in Darfur.
Sudan alleged that the UAE had provided direct military and financial support to the RSF, contributing to acts of genocide against the Masalit ethnic group in western Darfur. The Sudanese government had requested provisional measures to compel the UAE to cease its alleged involvement and prevent further atrocities.
However, the ICJ concluded that it “manifestly lacks jurisdiction” under the Genocide Convention due to procedural limitations. The court’s decision was based on a 2005 reservation made by the UAE upon acceding to the Convention, which restricted the court’s jurisdiction under Article 9.
The ruling was not unanimous. Judge Abdulqawi Ahmed Yusuf, a Somali national and former ICJ president, issued a strongly worded dissent. He criticized the court for avoiding its responsibility to assess the substance of Sudan’s claims, arguing that the decision risks weakening the Convention’s central goal of preventing genocide.
“In the face of grave allegations of mass atrocities, it is deeply troubling that the Court declines to proceed on technical grounds,” Judge Yusuf wrote in his dissenting opinion. He stressed that the Genocide Convention must be interpreted in light of its object and purpose—namely, the prevention and punishment of genocide—not limited by narrow procedural interpretations.
In response to the court’s decision, Sudanese Minister of Culture and Information Khalid Al-Aiser vowed that the country would pursue other legal avenues. “This decision was based on procedure, not justice,” Al-Aiser said. “We remain committed to holding those responsible for crimes against our people accountable, including their international backers.”
The UAE has denied all allegations, dismissing the case as baseless and politically motivated.
Since April 2023, Sudan has been engulfed in a brutal war between the RSF and the Sudanese Armed Forces, resulting in what the United Nations has described as one of the world’s worst humanitarian crises. Over 15 million people have been displaced, and while official estimates place the death toll above 20,000, independent researchers suggest the real number could exceed 130,000.