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

Abstract

International Court of Justice — Provisional measures — Prima facie jurisdiction — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (“CERD”) — Article 22 — Whether the Court having prima facie jurisdiction ratione materiae — Distinction between “national origin” and “nationality” under CERD — Whether procedural preconditions to the Court’s jurisdiction met — Prior negotiation — Exhaustion of CERD-based procedures — Plausibility — Whether the acts of which Qatar complained were plausibly acts of racial discrimination — Irreparable prejudice — Urgency — Whether evidence submitted by Qatar proving that the rights claimed were under a real and imminent risk of irreparable prejudice — Reports of international organizations as evidence — Unilateral undertaking — Statement of 5 July 2018 by UAE

International Court of Justice — Provisional measures requested by respondent State — Whether extending to protection of procedural rights — Procedural rights arising under Article 22 of CERD — Right to obtain compliance with provisional measures indicated earlier — Prima facie jurisdiction — Provisional measures for non-aggravation and non-extension of the dispute — Whether capable of being indicated only if provisional measures for protection of rights also indicated

International Court of Justice — Preliminary objections — Whether Court having jurisdiction under Article 22 of International Convention on the Elimination of Racial Discrimination, 1965 — Whether discrimination based on nationality prohibited by CERD — Whether Qatar’s claim of discriminatory measures by United Arab Emirates falling within scope of CERD Treaties — Interpretation — Scope — International Convention on the Elimination of Racial Discrimination, 1965 — Article 1(1) — Meaning of “national origin” — Whether including current nationality — Object and purpose of treaty — Travaux préparatoires — Whether CERD intending to prohibit discrimination based on nationality — Whether Qatar’s claim of discriminatory measures by United Arab Emirates falling within scope of CERD

Human rights — International Convention on the Elimination of Racial Discrimination, 1965 — Article 1(1) — Meaning of “national origin” — Whether including current nationality — Whether discrimination based on nationality prohibited by CERD — Whether Qatar’s claim of discriminatory measures by United Arab Emirates falling within scope of CERD

Nationality — Nature of citizenship — Bond between State and citizen — Whether distinct from “national origin” — International Convention on the Elimination of all Forms of Racial Discrimination, 1965, Article 1

International tribunals — United Nations Committee on the Elimination of Racial Discrimination — Weight to be given to practice of Committee — Jurisprudence of regional human rights courts — Relevance — Whether discrimination based on nationality prohibited by CERD