on preliminary objections handed down by the ICJ in Application of the
Convention on the Prevention and Punishment of the Crime of Genocide
(Gambia v. Myanmar) and Application of the International Convention on
the Elimination of All Forms of Racial Discrimination (Georgia v. Russian
Federation).
47. By way of illustration, the Applicant State references parties’ statements and
documents exchanged in multilateral forums, especially on the sidelines of
the United Nation’s 77th Ordinary Session, on 20 September 2022; at the
African Union (AU), through various communiqués from the Peace and
Security Council (PSC), the East African Community (EAC), under the
Nairobi and Luanda processes, as well as in the Southern Africa
Development Community (SADC), through communiqués issued by
summits of the organization's heads of state.
48. Referencing the ICJ's judgment on preliminary objections in the East Timor
Case (Portugal v. Australia), the Applicant State underscores that an
examination of the parties’ conduct after the filing of an application could
help determine the existence of a dispute between them. In this regard, it
argues that in the instant case, the official statements of the Parties,
including that of its Deputy Prime Minister for Foreign Affairs, the Parties'
Permanent Representatives to the United Nations and their Heads of State,
confirm the existence of a dispute.
49. Citing the Judgment on Preliminary Objections of the ICJ in Allegations of
Genocide Under the Convention on the Prevention and Punishment of the
Crime of Genocide (Ukraine v. Russian Federation), the Applicant State
further notes that “the Respondent State was aware or could not have been
unaware that its views were being expressly opposed by the Applicant
State” insofar as other States and credible international organizations have
denounced and condemned the allegations of human rights violations cited
in the Application.
13