The Memorandum received by ICJ and It’s Effect on Sudan’s Position

By Dr. Mohamed Osman Awadallah

First, this memorandum represents a document of significant legal and political importance, serving Sudan’s interests before the International Court of Justice (ICJ) in the case against the United Arab Emirates (UAE) regarding Sudan’s accusation that the UAE violated the Genocide Convention. Below is an analysis highlighting some of the key implications arising from this memorandum:

First: The Strength of the Legal Argument and Its Reinforcement of Sudan’s Position
The memorandum relies on strong and critical foundations in international law, as emphasized by the experts, including:
The duty to prevent genocide is an obligatory and binding responsibility that the ICJ must enforce, rather than a matter of political opinions or alignments.
To ensure judicial enforcement of the Genocide Convention, Article IX must be respected and implemented to prevent perpetrators from escaping punishment, especially if the court inadvertently facilitates impunity by accepting weak arguments.
The memorandum provides strong and extensive citations from ICJ rulings, the International Law Commission, and the Vienna Convention—all of which support the necessity of accepting Sudan’s complaint and invalidating the UAE’s reservation.
Thus, the major outcome of this memorandum is that it significantly strengthens Sudan’s legal position, compelling the judges to accept the court’s jurisdiction over the case and consequently reject the UAE’s reservation.

Second: How the Memorandum Weakens the UAE’s Position
The memorandum places the UAE among only 16 countries that have lodged reservations to the Genocide Convention, out of 153 signatories, putting it in a legally and politically isolated position alongside rogue and accused states.
It also highlights a strong international trend of rejecting reservations, evidenced by several countries withdrawing their own, further undermining the UAE’s legal standing.
The memorandum portrays the UAE as hiding behind an illegal reservation to evade accountability, damaging its reputation and embarrassing its supporting nations.
Therefore, from this perspective, the memorandum severely weakens the UAE’s legal and moral position before the court and in the eyes of international public opinion.

Third: The Prestige of the Memorandum’s Signatories
All signatories of the memorandum are highly respected international figures with substantial expertise and influence, including:
Former senior UN officials, such as Hans Corell (Former UN Under-Secretary-General).
Prosecutors of international criminal tribunals, such as Goldstone and Crane.
Distinguished academics and leaders in legal and human rights centres.
This diversity and expertise lend the memorandum exceptional legal and moral legitimacy, making it difficult for the ICJ judges to ignore and presenting them with a professional challenge that leaves little room for manipulation.

Fourth: The Memorandum Represents a Political Victory for Sudan
Even before the legal dispute is settled, the memorandum serves as a diplomatic blow to the UAE, portraying Sudan as a party supported by neutral and prestigious experts.
Additionally, the memorandum fosters an international climate that:
Presents Sudan as a nation demanding justice against one of the most severe international crimes.
Depicts the UAE as a state evading, manipulating, and scheming to escape accountability.
Thus, this high-level legal endorsement constitutes a political and legal victory for Sudan, complementing its military and political successes and paving the way for the ultimate triumph—a favourable ICJ ruling.

The Final and Most Critical Message: A Turning Point
This memorandum marks a turning point in the case and may influence other legal battles. It sends a powerful message:
The international professional and legal community—particularly its most respected figures—stands firmly with Sudan on principle, driven not by interests, financial incentives, or political coordination, but by the force of truth and justice, even when it contradicts political alignments.

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