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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 inter-State communications ever submitted to a UN treaty body. As readers of this blog will recall, the Committee on the Elimination of Racial Discrimination (CERD) ruled positively on the questions of jurisdiction and admissibility in all three cases to date (see Keane, Eiken and Eiken). These communications have now all progressed to the establishment of ad hoc Conciliation Commissions which are tasked with examining the issues of substance raised in the communications. While the mode of composition of the ad hoc Conciliation Commission appears to be a rather technical question, its examination allows for interesting observations on the nature of the inter-State mechanism. ICERD’s inter-State procedure unfolds before two bodies. Under Article 11,…

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