The International Court Of Justice’s Order Of May 5th, 2025: A Weak Step Or An Elegant Move In The ICJ Case-Law On The Genocide Convention
- IJLLR Journal
- 2 days ago
- 2 min read
Jacques Bellezit, University of Strasbourg (France)
ABSTRACT
The International Court of Justice’s Order of May 5th, 2025, in the case “ Application of the Convention on the Prevention and Punishment of the Crime of Genocide in Sudan (Sudan v. United Arab Emirates)” is a real surprise: In this decision, the Court stated it there was a case of manifest lack of jurisdiction.
But the 1948 Genocide Convention aims to avoid, prevent, and punish the most infamous and repulsive crime that exists in international criminal law.
Beyond what can be seen as a paradox or even an incompatibility between two legal conceptions that could weaken the case law on this matter, we may find an elegant way for the Court to strike out from the General List, what can be seen as rushed and clumsy applications.
On 5 May 2025, the International Court of Justice (ICJ) rendered an Order in the case of “Application of the Convention on the Prevention and Punishment of the Crime of Genocide in Sudan (Sudan v. United Arab Emirates)” (hereafter “the Order” of “this Order”). In this Order, the Court recognizes, in a surprising move, a manifest lack of jurisdiction and strikes the case from its General List1.
This is noteworthy and may be even an oxymoron, as the genocide is the most serious “core crime,” the epitome of “[...] the most heinous offences”2. The controversy sparked even among the Bench, as the Order was adopted by nine Judges (and seven dissenting).
However, taking the time to focus on the applications on the merits as well as for provisional measures introduced by Sudan, we can wonder if the World Court has left some room for Sudan, so that this State doesn’t lose face.
