On June 5, 2017, the United Arab Emirates (UAE) prohibited, inter alia, entry by nationals of Qatar and gave Qatari residents and visitors fourteen days to leave the country. The UAE alleged that its actions were a response to Qatar's failure to abide by its commitment to allow return of Gulf Cooperation Council diplomats to Doha, and its support of terrorism. In 2018, Qatar instituted proceedings against the UAE before the International Court of Justice (ICJ or the Court), alleging violations of the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (CERD or the Convention). The case raised difficult questions of treaty interpretation in a sensitive area of law and politics-the prohibition against racial discrimination. The Court's preliminary objections judgment addressed the distinction between discrimination based on nationality and on national origin, as well as whether the UAE measures represented de facto discrimination.
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Geir Ulfstein (2022) studied this question.
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