Sudan’s Case Against UAE at the ICJ: Implications for South Africa’s Arms Exports
Sudan has filed a case against the UAE at the ICJ for alleged Genocide Convention violations, linking the UAE’s support for the RSF to ongoing atrocities in West Darfur. The case raises significant legal questions about jurisdiction due to the UAE’s treaty reservations. South Africa’s substantial arms exports to the UAE pose further concerns about complicity in potential human rights abuses, prompting calls for a reassessment of its export policies.
On March 6, 2025, Sudan commenced proceedings against the United Arab Emirates (UAE) at the International Court of Justice (ICJ) for alleged violations of the Genocide Convention. Sudan accuses the UAE of providing support to the Rapid Support Forces (RSF), a paramilitary group implicated in severe atrocities in West Darfur. This legal action, potentially driven by political motives from the Sudanese Armed Forces (SAF), underscores the risks associated with arms transfers contributing to ongoing conflicts and human rights violations.
Sudan’s application seeks provisional measures from the ICJ, similar to previous cases, claiming that a genocide has occurred in its West Darfur region since 2023. It asserts that “The United Arab Emirates fuels the rebellion and supports the militia [RSF] that has committed the crimes of genocide in West Darfur.” Sudan claims that the UAE has dispatched its own agents to lead RSF militia forces and facilitates their operations through arms shipments, including advanced weaponry.
Before considering Sudan’s request, the ICJ must determine whether it possesses prima facie jurisdiction, a determination complicated by the UAE’s reservation to Article 9 of the Genocide Convention. This article stipulates that disputes regarding the interpretation or fulfillment of the convention shall be brought before the ICJ. The UAE’s reservation calls into question the court’s ability to adjudicate this matter, although Sudan contends this reservation undermines the convention’s principles and objectives.
South Africa’s arms exports to the UAE, totaling nearly R88 million in 2023, raise pertinent concerns regarding the implications of such transfers. The National Conventional Arms Control Committee reported exports including armored combat vehicles and military technology, yet there are apprehensions about whether these arms could reach the RSF. Although South African law mandates that arms buyers sign End-User Certificates (EUC) to minimize misuse, enforcement of this regime has been inadequate, risking international law violations through arms misappropriation.
The ongoing humanitarian crisis in Sudan is dire, with consistent reports of human rights infringements and international legal breaches by various actors. Despite these alarming allegations against the UAE, South Africa has refrained from withdrawing or suspending arms export permits. Such inaction raises questions about South Africa’s commitment to international law, especially considering its history of armament sales to nations accused of similar violations.
South Africa’s credibility as an advocate for human rights may be compromised by its arms trade with countries accused of committing serious international offenses. Past incidents, such as the government’s continued arms exports to Myanmar amid accusations of genocide, illustrate a troubling trend. While South Africa has made strides in affirmatively addressing human rights in contexts like Palestine, a selective focus risks allegations of hypocrisy regarding its overall commitment to international law.
In conclusion, the legal action initiated by Sudan against the UAE highlights critical issues surrounding arms exports and their potential contribution to human rights violations. South Africa’s role as an arms supplier raises serious questions regarding its adherence to international law, particularly when arms may facilitate atrocities. As the situation in Sudan continues to deteriorate, South Africa must reconsider its arms export practices to uphold its reputation as a nation committed to human rights and justice on the global stage.
Original Source: mg.co.za
