38.
16 June 14 Provisional Measures Order, supra note 8, Separate Opinion of Judge Cançado Trindade, ¶ 40, at https://www.icj-cij.org/files/case-related/172/172-20190614-ORD-01-04-EN.pdf. In June 2018, Qatar instituted proceedings against the United Arab Emirates in the ICJ under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD); Qatar requested the Court to order provisional measures to protect Qatari citizens who were expelled from the UAE after the UAE’s blockade against Qatar. 18 Admissibility of the Inter-State communication submitted by Qatar against the United Arab Emirates, CERD/C/99/4, August 30, 2019, ¶¶ 42–52, https://www.ohchr.org/Documents/HRBodies/CERD/CERD-C-99-4.pdf. Regarding the jurisdiction of the ICJ, Qatar invoked Article 36 of the Statute of the ICJ, and as well Article 22 of the CERD which stipulates that “Any dispute between two or more States Parties with respect to the interpretation or application of this Convention, which is not settled by negotiation or by the procedures expressly provided for in this Convention, shall, at the request of any of the parties to the dispute, be referred to the International Court of Justice for decision, unless the disputants agree to another mode of settlement.” It was also added that Qatar and the UAE are state-parties to the Statute, as well as the CERD, and neither party has entered a reservation to Article 22 of the CERD. On June 14, 2019, the International Court of Justice delivered its Order rejecting the United Arab Emirate’s (UAE) request for provisional measures in the case concerning the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which Qatar initiated against the UAE in June 2018.
2 Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates), Request for the Indication of Provisional Measures of Protection, June 11, 2018, at https://www.icj-cij.org/files/case-related/172/172-20180611-WRI-01-00-EN.pdf. On 23 July 2018, the court issued its order on provisional measures, and by a narrow margin of one judge ruled in favour of Qatar. © In addition, it was stated that Qatar intentionally undermined the Respondent’s efforts to provide Qatari nationals with a procedure to access the UAE for exercising their rights before the UAE’s courts. The problem with the UAE’s request is that the CERD Committee is not a judiciary body and its recommendations are not binding, so the Parties can decide whether to accept them or not. The case concerns the boycott by the UAE, Saudi Arabia, Bahrain, and Egypt against Qatar that began in 2017, during which Qatar claims the UAE (which is the only state among those boycotting Qatar that is party to CERD) expelled thousands of Qatari citizens and took other actions in violation of CERD.
17 Jurisdiction of the Inter-State communication submitted by Qatar against the United Arab Emirates, CERD/C/99/3, August 30, 2019, at https://www.ohchr.org/Documents/HRBodies/CERD/CERD-C-99-3.pdf.
6 Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates), Order on the Request for the Indication of Provisional Measures, July 23, 2018, at https://www.icj-cij.org/files/case-related/172/172-20180723-ORD-01-00-EN.pdf (hereinafter July 23 Provisional Measures …
The UAE further requested from Qatar to “immediately desist from hampering the UAE’s attempts to assist Qatari citizens, including by un-blocking in its territory access to the website by which Qatari citizens can apply for a permit to return to the UAE.”[7] The Respondent argued that Qatar blocked within its territory access by people living in Qatar to the website by which Qatari citizens can apply for a permit to return to the UAE creating false evidence in order to establish false facts and sabotaging the UAE’s efforts to assist Qatari nationals, including Qatari students, mixed family members, and other vulnerable individuals. The ICJ specifically directed UAE to ensure not just the end of family separations, but also … Once again, it was reiterated, like in the Order of 23 July 2018, that the Parties “shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve”[14] which remains binding for them. BYALEXANDRA HOFER* [July 23, 2018] Introduction OnJuly 23,2018,the International Court of Justice (ICJ orCourt) issued its Order on Qatar’srequest for provisional measures in the Qatar v. United Arab Emirates (UAE) case in which Qatar claims the UAE is responsible for 9 June 14 Provisional Measures Order, supra note 8, ¶¶ 15–16. Therefore, Qatar was legally obliged to exhaust the procedures expressly provided in the CERD “before the seisin of the Court,”[6] according to the UAE. Source: https://www.aljazeera.com/news/2018/01/qatar-files-complaints-uae-jets-breach-airspace-180113125621814.html. Moreover, the Applicant filed as well a Request for the indication of provisional measures requesting from the ICJ to order the UAE to withdraw discriminatory measures against Qataris, to cease all other measures that incite discrimination (including media campaigns and supporting others to propagate discriminatory messages) and criminalize such measures, to comply with its obligations under the CERD to condemn publicly racial discrimination against Qataris, and to refrain from taking any further discriminatory measure, and to provide full reparation, including compensation for violation of the CERD. It remains to be seen how the ICJ will decide upon all these questions in the final judgment, especially the interpretation of Article 11 and Article 22 of the CERD. According to the Applicant, the UAE also failed to condemn and instead encouraged racial hatred against Qatar and Qataris, allowed, promoted, and financed an international anti-Qatar public and social media campaign, shut down Qatari media such as local Al-Jazeera offices, and failed to provide effective protection and remedies to Qataris to seek redress against acts of racial discrimination through UAE courts and institutions, which led to the violation of Articles 2 (condemnation of racial discrimination), 4 (prohibition of incitement to racial discrimination), 5 (prohibition of racial discrimination in the enjoyment of a number of civil, economic, social and cultural rights), 6 (effective protection and remedies against any acts of racial discrimination), and 7 (undertaking to adopt measures to combat racial discrimination) of the CERD.
The ICJ on 23 July 2018 after the public hearings delivered its Order on the Request for the indication of provisional measures submitted by Qatar. Box: 34110 [11] Compromissory clause is a clause in a treaty providing for the submission of a matter or matters to arbitration—to be distinguished from a general treaty of arbitration. The colloquium will discuss the domestic and international legal implications of the Order on provisional measures of the International Court of Justice (ICJ) in the recent case initiated by the State of Qatar against the United Arab Emirates. 6 Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates), Order on the Request for the Indication of Provisional Measures, July 23, 2018, at https://www.icj-cij.org/files/case-related/172/172-20180723-ORD-01-00-EN.pdf (hereinafter July 23 Provisional Measures Order). On July 23, 2018, the ICJ issued its Order on provisional measures requiring that (1) the UAE allows mixed families be reunited, (2) Qatari students affected by the measures be given the opportunity to complete their education in the UAE or obtain their educational records if they wish to continue their studies elsewhere, and (3) Qataris be allowed access to tribunals and other judicial institutions in the UAE. The Court followed its 23 July Provisional Measures Order, supra note 6. The Court determined that the provisional measures requested either do not concern plausible rights under CERD or they will be assessed in the judgment on the merits. The operative clause of the Order reads as follows: “The Court, by fifteen votes to one, rejects the Request for the indication of provisional measures submitted by the United Arab Emirates on 22 March 2019.” *
Regarding the alleged violations of the CERD, the evidence shows that discriminatory measures were implemented against Qataris, and therefore, the UAE should withdraw mentioned measures, provide access to the courts and the redress for the victims. * Views captured on Cambridge Core between
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