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Wa Baile c. Suisse: A victory against racial profiling?

Mohamed Wa Baile, a Swiss citizen of Kenyan origin, was stopped by the municipal police in the Zurich train station when he was on his way to work. According to the police officer in charge, he stopped Mr Wa Baile because of his behaviour, which appeared suspicious to him as Mr Wa Baile looked away when he realised that he was a police officer. There were thus grounds to suspect him of an offence against the immigration law. Mr Wa Baile refused to produce an ID card, arguing that he was tired of being stopped because of the colour of his skin. His appeal against the fine for failing to comply with a police order was turned down by the criminal courts. Mr Wa Baile also initiated administrative proceedings, resulting in a decision of the cantonal administrative court finding that the identity check had not been justified under the cantonal police act. However, the court refused to rule on his discrimination claim.

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ICJ’s Judgment in Ukraine v. Russia regarding CERD’s Scope of Racial Discrimination: ICJ’s Approach to CERD Committee’s Views

On 31 January 2024, the International Court of Justice (ICJ) delivered its judgment on the merits of the case in Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation). One of the issues was Ukraine’s assertion…

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The CERD stands firm against racist hate speech: Jallow v. Denmark

The Committee on the Elimination of Racial Discrimination (‘CERD’ or ‘Committee’) is well known for its progressive interpretation of Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The provision requires states to “condemn all propaganda and all organizations which attempt to justify or promote racial hatred and discrimination in any…

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New Rules of Procedure of the Ad Hoc Conciliation Commission in Palestine v Israel

The inter-State procedure under Articles 11-13 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) lay dormant for over 50 years before its activation in March-April 2018 in three inter-State communications, Qatar v Kingdom of Saudi Arabia (2018), Qatar v United Arab Emirates (2018) and Palestine v Israel (2018). These were the first three…

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Appointment of the Ad Hoc Conciliation Commissions under ICERD

The inter-State communications procedure under Articles 11-13 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) lay dormant for over 50 years before its activation in March-April 2018 in three inter-State communications, Qatar v Kingdom of Saudi Arabia (2018), Qatar v United Arab Emirates (2018) and Palestine v Israel (2018). These were the first…

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