Qatar v. United Arab Emirates

Abstract

International tribunals — Jurisdiction and admissibility — United Nations Committee on the Elimination of Racial Discrimination — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Discrimination on ground of national or ethnic origin — Inter-State communication — Whether Committee lacking jurisdiction — Scope of Article 11 of Convention — Nationality issue — Whether exception to jurisdiction — Interpretation of concept of racial discrimination prohibited by Convention — Whether raising preliminary issue of competence ratione materiae — Issue to be examined at same time as admissibility — Whether jurisdiction extending only to current and ongoing violations of Convention — Whether communication admissible — Non-exhaustion of domestic remedies — Issue to be examined jointly with merits — Concurrent proceedings — Nationality — Appointment of ad hoc Conciliation Commission — International Convention on the Elimination of All Forms of Racial Discrimination, 1965, Articles 11(2) and 12(1)

Human rights — Rights to non-discrimination — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — International law — Whether fight against terrorism justifying discrimination — Discrimination on ground of national or ethnic origin — Applicant State enforcing coercive measures against respondent State in 2017 — Whether respondent State failing to enact measures to prohibit racial discrimination — Whether respondent State promoting racial discrimination — Whether respondent State violating international law — Whether respondent State violating Articles 2, 4, 5 and 6 of International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Whether Committee having jurisdiction — Admissibility of communication

International tribunals — United Nations Committee on the Elimination of Racial Discrimination — International Court of Justice — Concurrent proceedings — Article 22 of International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Whether principle of lis pendens or electa via applicable — Admissibility of communication

Treaties — Interpretation — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Article 1 — Prohibition of racial discrimination — Interpretation of concept of racial discrimination — Discrimination on ground of national or ethnic origin — Meaning of national origin — “Nationality” excluded from definition — Distinction between citizens and non-citizens — United Nations Committee on the Elimination of Racial Discrimination — General Recommendation No 30 (2004) on discrimination against non-citizens — Differences of treatment based on nationality — Whether constituting discrimination as prohibited by Convention — Applicant State’s allegations against respondent State in communication concerning violations of Convention — Whether allegations concerning ongoing and current violations of Convention — Issue relating to essential facts and to be examined at merits stage — Whether Committee having competence ratione materiae — Admissibility of communication

Nationality — Distinction between citizens and non-citizens — United Nations Committee on the Elimination of Racial Discrimination — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Article 1 — Prohibition of racial discrimination — Interpretation of concept of racial discrimination — Discrimination on ground of national or ethnic origin — General Recommendation No 30 (2004) on discrimination against non-citizens — Differences of treatment based on nationality — Whether constituting discrimination as prohibited by Convention — Allegations in communication concerning racial discrimination — Whether Committee having competence ratione materiae — Admissibility of communication