A few preliminary thoughts on the case filed by #Qatar against #UAE yesterday at the #ICJ, including Qatar's request for provisional measures. The lengthy application instituting proceedings is here: icj-cij.org/files/case-rel… 1/
Qatar alleges UAE has enacted various discriminatory measures aimed at Qataris since June 2017, including the collective expulsion of Qataris living in UAE. Qatar says the measures violate the International Convention on the Elimination of All Forms of Racial Discrimination. 2/
Qatar & UAE are parties to the #CERD. Article 22 of the treaty provides for #ICJ jurisdiction if the matter is not settled by negotiation. This means Qatar must demonstrate that it's made a "genuine attempt" to settle the dispute & has taken negotiations "as far as possible". 3/
Among the four states leading the blockade/boycott against #Qatar (#UAE, #Egypt, #Bahrain, #SaudiArabia), only UAE did not take a reservation to Art 22 and withhold consent to ICJ jurisdiction. This is one explanation for the absence of parallel cases against other states. 4/
As for the negotiation precondition, #Qatar claims #UAE has not engaged meaningfully in a Kuwaiti-sponsored mediation effort and has ignored Qatar's more recent requests for direct talks. So it says the precondition is met. 5/
A question for litigation may be whether mediation and Qatar's public statements have touched directly enough on the subject-matter of the CERD to establish a dispute about UAE's obligations under the treaty and to satisfy the negotiation requirement. 6/
Assuming jurisdiction, it will be interesting to see how the #ICJ interprets #CERD Article 1(2), which says the treaty doesn't cover distinctions made between citizens and non-citizens. UAE will surely emphasize this, along with the counter-terrorism rationale for its actions. 7/
#Qatar will argue, on the other hand, that #CERD Art 1(2) has been interpreted to mean that differential treatment of non-citizens cannot go so far as to violate fundamental human rights and requires a “legitimate aim” (a vague standard that may end up helpful for #UAE). 8/
As for #Qatar's provisional measures request, it's possible the Court will manage to squeeze in a hearing before the end of July and its summer recess. The key to the request seems to be an allegation of continuing harm based on the ban on expelled Qataris re-entering #UAE. 9/
It's notable that #Qatar's provisional measure request seeks relief that largely mirrors what it seeks on the merits (minus a compensation claim). This seems like a tough road. If there is a basis to indicate provisional measures, I'd expect to see something far more limited. END
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