The United Nations’ principal judicial body, on Monday, dismissed a case brought by Sudan against the United Arab Emirates, which accused the Gulf nation of enabling genocide in Sudan by supporting the Rapid Support Forces amid the country’s civil war.
The International Court of Justice ruled that it “manifestly lacks jurisdiction” over the matter.
While the ICJ did not evaluate the veracity of Sudan’s claims, it denied the provisional measures requested by Khartoum in a 14-2 vote and, in a separate 9-7 decision, formally removed the case from its docket, according to the court’s summary.
Both nations are parties to the 1948 Genocide Convention. However, the UAE, upon joining the treaty in 2005, opted out of a provision that permits signatories to bring disputes against each other before the ICJ.
Sudan had petitioned the court in March, alleging that the UAE had breached the Genocide Convention by supplying weapons and financial aid to the RSF, a formidable paramilitary faction engaged in battle with Sudan’s military.
At a hearing last month, Sudan asked the ICJ to impose interim orders compelling the UAE to cease all actions potentially constituting genocide against the Masalit people in Darfur, and to end any form of support to the RSF.
The UAE, in response, rejected the accusations, asserting that Sudan had not submitted credible proof and maintaining that the ICJ lacked the authority to hear the case.
“Quite simply, today’s decision represents a resounding rejection of the Sudanese Armed Forces’ attempt to instrumentalize the Court for its campaign of misinformation and to distract from its own responsibility,” said Reem Ketait, a senior Emirati foreign ministry official, in a statement shared with The New York Times.
Although the court refrained from addressing the substance of Sudan’s allegations, it acknowledged in its decision that it is “precluded by its statute from taking any position on the merits of the claims made by Sudan” and expressed being “deeply concerned about the unfolding human tragedy in Sudan.”
Khalid Ali Aleisir, Sudan’s Minister of Information and government spokesperson, did not provide a comment following the decision.
The RSF has roots in the Janjaweed militias, infamous for their role in crushing a rebellion in Darfur during the 2000s. That brutal campaign led the International Criminal Court to charge Sudan’s then-leader, Omar Hassan al-Bashir, with genocide and crimes against humanity in 2009.
Though ousted by the military in 2019, al-Bashir remains in Sudanese custody and has not been handed over for trial.
Sudan’s current conflict erupted in April 2023, when fighting broke out between the RSF and the national army. Since then, nearly 13 million people have been displaced, tens of thousands have died, and the country faces widespread hunger and looming famine.
Both warring factions stand accused of serious human rights violations. The RSF, led by Lt. Gen. Mohamed Hamdan, is alleged to have carried out acts of genocide and ethnic cleansing against the non-Arab Masalit community.
Meanwhile, the army, under Gen. Abdel Fattah al-Burhan, has been implicated in chemical weapon use and indiscriminate attacks on civilians.
The war has drawn in multiple international players. The UAE, in particular, is believed to have orchestrated a covert campaign to bolster the RSF, reportedly delivering advanced weapons and drones, evacuating injured fighters, and treating them in military hospitals, according to numerous officials from the U.S., Europe, and Africa.
In September, the UAE denied a New York Times investigation claiming that it had used its Emirates Red Crescent relief operations in Amdjarass, Chad, as a front to smuggle arms to the RSF and direct drone missions for its fighters.
In a twist last week, Emirati state media reported that authorities thwarted an attempt by Sudanese military personnel to smuggle arms to the army through a UAE airport.
Hostilities have escalated recently, with the army strengthening its control over Khartoum and reclaiming the capital’s main airport. Meanwhile, the RSF has tightened its grip on the Darfur region.
Last week, the RSF reportedly killed more than 100 civilians in the southern city of Nahud and looted local markets and pharmacies, according to a doctors’ organization.
The group also launched assaults on the airport and civilian infrastructure in Port Sudan over the weekend, the army reported.
