Case of Qatar v. United Arab Emirates

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates)

Judgment of the International Court of Justice on Preliminary Objections in the Case of Qatar v. United Arab Emirates, Concerning the Application of the International Convention on the Elimination of All Forms of Racial Discrimination. Below, I will provide you with a detailed summary of the judgment.

Summary of the Judgment

Date of the Judgment: February 4, 2021

Composition of the International Court of Justice:

• President Yusuf
• Vice-President Xue
• Judges Tomka, Abraham, Bennouna, Cancado Trindade, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian, Salam, Iwasawa
• Ad hoc Judges Cot, Daudet
• Registrar Gautier

History of the Proceedings

• June 11, 2018: Qatar filed a lawsuit against the United Arab Emirates (UAE) alleging breaches of the 1965 International Convention on the Elimination of All Forms of Racial Discrimination.
• July 23, 2018: The Court issued provisional measures in favor of Qatar.
• March 22, 2019: The UAE requested provisional measures, which were dismissed by the Court on June 14, 2019.
• April 30, 2019: The UAE submitted preliminary objections to the Court's jurisdiction and the admissibility of the case.

Factual Background

• June 5, 2017: The UAE issued a statement banning Qatari nationals from entering the country and giving Qatari residents and visitors 14 days to leave.
• June 6, 2017: The UAE Attorney General announced that expressing sympathy towards Qatar would be considered a crime.
• July 6, 2017: The UAE blocked Qatari websites and banned broadcasts from certain Qatari channels.
• March 8, 2018: Qatar submitted a communication to the Committee on the Elimination of Racial Discrimination requesting that the UAE cease the measures adopted since June 5, 2017.

Basis Invoked for Jurisdiction and Preliminary Objections

• Article 22 of the Convention: Qatar argued that the Court had jurisdiction under this article, which allows disputes to be referred to the Court if they are not resolved through negotiations.

Preliminary Objections by the UAE:

•  The Court lacks jurisdiction ratione materiae because the alleged facts do not fall within the scope of the Convention.
•  Qatar did not fulfill the procedural requirements of Article 22 of the Convention.

Court's Resolution

The Court upheld the UAE's first preliminary objection and decided that it did not have jurisdiction to hear Qatar's case.

Importance of the Decision

The decision is significant as it sets a precedent on the interpretation of the International Court of Justice's jurisdiction in cases related to the Convention on the Elimination of Racial Discrimination. Additionally, it underscores the importance of complying with the procedural requirements established in international treaties before a dispute can be brought before the Court.