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172- Application of the CERD (Qatar vs United Arab Emirates)

Qatar, accusing the United Arab Emirates (UAE) of having implemented a discriminatory policy against Qatari nationals; filed a motion instituting proceedings before the International Court of Justice (ICJ), alleging a violation by the defendant State of the International Convention on the Elimination of All Forms of Racial Discrimination of December 21st, 1965 (“CERD” or “Convention”).

The initial claim was accompanied by a request for the indication of provisional measures in order to protect Qatar’s rights under CERD, pending a decision of the Court on the merits. In its order issued on July 23rd, 2018, the ICJ urged the United Arab Emirates to reunite Qatari families who had previously been separated, allow Qatari students to complete their studies or alternatively obtain their academic transcripts, and finally guarantee an equal access to the courts.
On March 22nd, 2019, the UAE also filed a request for the indication of provisional measures in order to “(i) to preserve its procedural rights in th[e] case; and (ii) prevent Qatar from further aggravating or extending the dispute between the parties pending a final decision in th[e] case”. The ICJ ruled on June 14th, 2019 that the circumstances of the case did not justify the pronouncement of such measures.
The UAE raised preliminary objection to the jurisdiction of the Court and the admissibility of the application. In its judgment of February 4th, 2021, the ICJ upheld the first preliminary objection, according to which the dispute did not fall within the material scope of the CERD.

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.

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