Out-Law / Your Daily Need-To-Know
The International Court of Justice (ICJ) has ordered the United Arab Emirates (UAE) to take a number of steps to address complaints raised by Qatar which stem from the UAE's order imposed on 5 June 2017 which required Qatari's to leave the UAE.
Qatar had sought the imposition of nine 'provisional measures' in its application. Three of these were accepted by the ICJ in a narrow 8:7 majority decision (28-page / 93KB PDF) on 23 July.
The ruling said: "The United Arab Emirates must ensure that
(i) families that include a Qatari, separated by the measures adopted by the UAE on 5 June 2017, are reunited;
(ii) Qatari students affected by the measures adopted by the UAE on 5 June 2017 are given the opportunity to complete their education in the UAE or to obtain their educational records if they wish to continue their studies elsewhere; and
(iii) Qataris affected by the measures adopted by the UAE on 5 June 2017 are allowed access to tribunals and other judicial organs of the UAE."
UAE minister of state for foreign affairs Dr Anwar Gargash tweeted after the ruling that the UAE has already implemented the three provisional measures.
The dispute between Qatar and the UAE stems from measures that the UAE imposed on Qataris last summer, amidst its concerns about Qatar's links to terrorism and extremism. Along with other neighbouring states to Qatar, including Saudi Arabia and Bahrain, the UAE imposed measures which have impacted on the movement of Qataris in the region, as well as the supply of goods and services in and out of Qatar.
Qatar has raised legal action against the UAE over the measures imposed before the ICJ in The Hague, in the Netherlands. Qatar has accused the UAE of breaching the UN's International Convention on the Elimination of All Forms of Racial Discrimination, something which the UAE has refuted.
Qatar has said that the measures are discriminatory and have caused the separation of families and for people to lose their jobs, property, access to medical care and educational opportunities. Qatar has accused the UAE of breaching the UN's International Convention on the Elimination of All Forms of Racial Discrimination, something which the UAE has refuted.
The ICJ did not rule on the merits of the complaints Qatar has raised. However, the provisional measures it has ordered are to remain in place while it considers the case in more detail.
After first determining that it had jurisdiction to hear the case brought by Qatar, the majority of the court decided to impose the provisional measures on the basis that it is "plausible" that the rights Qatar claim have been breached exist, and that such measures were necessary to address the "real and imminent risk that irreparable prejudice will be caused to the rights in dispute" before it has time to issue a decision on the merits in the case.
The ICJ also ordered (of its own motion) that both Qatar and the UAE "refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve".
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