Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates) - Conclusion of the public hearings on the request for the indicati

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org Twitter Account: @CIJ_ICJ YouTube Channel: CIJ ICJ
Press Release
Unofficial
No. 2018/30
29 June 2018
Application of the International Convention on the Elimination of All Forms of Racial
Discrimination (Qatar v. United Arab Emirates)
Conclusion of the public hearings on the request for the indication of
provisional measures raised by Qatar
The Court to begin its deliberation
THE HAGUE, 29 June 2018. The public hearings on the request for the indication of
provisional measures submitted by the State of Qatar in the case concerning Application of the
International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v.
United Arab Emirates) were concluded today. The Court will now begin its deliberation.
During the hearings, which opened on Wednesday 27 June 2018 at the Peace Palace, the seat
of the Court, the delegation of the State of Qatar was led by Dr. Mohammed Abdulaziz
Al-Khulaifi, Legal Adviser to H.E. the Deputy Prime Minister and Minister for Foreign Affairs, as
Agent. The delegation of the United Arab Emirates was led by H.E. Mr. Saeed Ali Yousef
Alnowais, Ambassador of the United Arab Emirates to the Kingdom of the Netherlands, as Agent.
The Court’s decision on the request for the indication of provisional measures will be
delivered at a public sitting, the date of which will be announced in due course.
Requests of the Parties
At the end of the hearings, the Agents of the Parties made the following requests to the
Court:
For the State of Qatar:
“The State of Qatar respectfully requests the Court to indicate the following provisional
measures:
(a) The UAE shall cease and desist from any and all conduct that could result, directly or
indirectly, in any form of racial discrimination against Qatari individuals and entities by any
organs, agents, persons, and entities exercising UAE governmental authority in its territory, or
under its direction or control. In particular, the UAE shall immediately cease and desist from
violations of the human rights of Qataris under the CERD, including by:
(i) suspending operation of the collective expulsion of all Qataris from, and ban on entry into,
the UAE on the basis of national origin;
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(ii) taking all necessary steps to ensure that Qataris (or persons with links to Qatar) are not
subjected to racial hatred or discrimination, including by condemning hate speech
targeting Qataris, ceasing publication of anti-Qatar statements and caricatures, and
refraining from any other incitement to racial discrimination against Qataris;
(iii) suspending the application of its Federal Decree Law No. (5) of 2012, On Combatting
Cybercrimes, to any person who “shows sympathy . . . towards Qatar” and any other
domestic laws that (de jure or de facto) discriminate against Qataris;
(iv) taking the measures necessary to protect freedom of expression of Qataris in the UAE,
including by suspending the UAE’s closure and blocking of transmissions by Qatari media
outlets;
(v) ceasing and desisting from measures that, directly or indirectly, result in the separation of
families that include a Qatari, and taking all necessary steps to ensure that families
separated by the discriminatory measures are reunited (in the UAE, if that is the family’s
preference);
(vi) ceasing and desisting from measures that, directly or indirectly, result in Qataris being
unable to seek medical care in the UAE on the grounds of their national origin and taking
all necessary steps to ensure that such care is provided;
(vii) ceasing and desisting from measures that, directly or indirectly, prevent Qatari students
from receiving education or training from UAE institutions, and taking all necessary steps
to ensure that students have access to their educational records;
(viii) ceasing and desisting from measures that, directly or indirectly, prevent Qataris from
accessing, enjoying, utilizing, or managing their property in the UAE, and taking all
necessary steps to ensure that Qataris may authorize valid powers of attorney in the UAE,
renew necessary business and worker licenses, and renew their leases; and
(ix) taking all necessary steps to ensure that Qataris are granted equal treatment before
tribunals and other judicial organs in the UAE, including a mechanism to challenge any
discriminatory measures.
(b) The UAE shall abstain from any measure that might aggravate, extend, or make more difficult
resolution of this dispute; and
(c) The UAE shall abstain from any other measure that might prejudice the rights of Qatar in the
dispute before the Court.”
For the United Arab Emirates:
“For the reasons explained during these hearings, the United Arab Emirates requests the
Court to reject the request for the indication of provisional measures submitted by the State of
Qatar.”
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Note: The Court’s press releases do not constitute official documents. The complete
verbatim records of the hearings held from 27 to 29 June 2018 are published on the website of the
Court (www.icj-cij.org).
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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
It was established by the United Nations Charter in June 1945 and began its activities in
April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six
principal organs of the United Nations, it is the only one not located in New York. The Court has a
twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by
States (its judgments have binding force and are without appeal for the parties concerned); and,
second, to give advisory opinions on legal questions referred to it by duly authorized
United Nations organs and agencies of the system. The Court is composed of 15 judges elected for
a nine-year term by the General Assembly and the Security Council of the United Nations.
Independent of the United Nations Secretariat, it is assisted by a Registry, its own international
secretariat, whose activities are both judicial and diplomatic, as well as administrative. The official
languages of the Court are French and English. Also known as the “World Court”, it is the only
court of a universal character with general jurisdiction.
The ICJ, a court open only to States for contentious proceedings, and to certain organs and
institutions of the United Nations system for advisory proceedings, should not be confused with the
other  mostly criminal  judicial institutions based in The Hague and adjacent areas, such as the
International Criminal Court (ICC, the only permanent international criminal court, which was
established by treaty and does not belong to the United Nations system), the Special Tribunal for
Lebanon (STL, an international judicial body with an independent legal personality, established by
the United Nations Security Council upon the request of the Lebanese Government and composed
of Lebanese and international judges), the Mechanism for International Criminal Tribunals (MICT,
mandated to take over residual functions from the International Criminal Tribunal for the former
Yugoslavia and from the International Criminal Tribunal for Rwanda), the Kosovo Specialist
Chambers and Specialist Prosecutor’s Office (an ad hoc judicial institution which has its seat in
The Hague), or the Permanent Court of Arbitration (PCA, an independent institution which assists
in the establishment of arbitral tribunals and facilitates their work, in accordance with the Hague
Convention of 1899).
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Information Department:
Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Ms Joanne Moore, Information Officer (+31 (0)70 302 2337)
Mr. Avo Sevag Garabet, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)