Qatar measures linked to regional peace and security, Quartet tells ICJ

Qatar’s failures to refrain from supporting terrorism and extremism after many ‘serious attempts’ by the GCC leaders has led to the Arab Quartet taking actions against the Kingdom, Bahrain told the International Court of Justice (ICJ) held yesterday. The actions, Bahrain’s Ambassador and representative to the ICJ, Shaikh Fawaz bin Mohammed Al Khalifa said, fall in conformity with international norms and laws and is out of the purview of International Civil Aviation Organisation (ICAO).

Shaikh Fawaz was presenting Bahrain’s closing argument before the top court in an appeal submitted by the Arab Quartet against ICAO ruling last year that it had jurisdiction to adjudicate the dispute. Qatar went before the ICAO in 2017, claiming Bahrain, Egypt, Saudi Arabia, and the UAE violated the Convention on International Civil Aviation by cutting off air travel from the peninsular nation.

The appeal before the United Nations’ highest judicial body in The Hague disputes ICAO’s authority to review the actions imposed on Qatari airspace by the Arab Quartet on 5 June 2017. Several Middle Eastern nations have cut diplomatic ties with Qatar ostensibly over its support for terrorist groups. In a packed courtroom, the quartet representatives argued that it is incorrect to submit the issue to the ICAO and its council, as the matters are related to regional peace and security.

The “content and causes of the case are related to matters of regional peace and security and do not fall under the Council’s jurisdiction” for it being a technical council. Shaikh Fawaz also brought into the court’s attention Qatari attempts, during the first round of hearing, to divert away from the real cause which is related to the quartet’s security and national sovereignty. The Bahraini representative told the court that disagreement stemmed from the failure of Qatar to abide by the Riyadh agreements of 2013 and 2014.

The measures taken, he said, fall within the framework of the Council and the 2013 and 2014 Riyadh Agreements with follow-up and implementation mechanisms. “But in the absence of Qatar’s adherence to these and other international obligations, the four countries took action on 5 June 2017, to protect their national security,” he said. Shaikh Fawaz also rejected Qatari claims that the Quartet refused mediation efforts.

Calling those claims as ‘unfounded, Shaikh Fawaz told the court that the four countries have participated in all mediation endeavours. “On the contrary, it was Qatar who had failed to discuss the matter in regional gatherings and with the Gulf Cooperation Council.”

Bahrain, Shaikh Fawaz informed the court, has always been open to discuss the dispute at international forums. “Qatar must show goodwill and seriousness to reach appropriate solutions.” The hearings, which began on 2 December 2019, continues today.