Addressing Statelessness through ICERD protect against deprivation of nationality. 29 Increasingly, this interpretation has changed, and state sovereignty regarding nationality, citizenship or naturalisation has become more regulated by the ICERD, as well as other conventions. 30 More recent scholars also link ‘discrimination against any particular nationality’ with ethnic origin. 31 According to Patrick Thornberry, ‘nationality’ in this sense of the word could refer not only to ‘legal citizenship’, but also to a deeper concept of ‘community’, including ethnicity. 32 He concludes that practice has shown that art 1(3) does not allow for discrimination on any of the grounds identified in art 1(1) with regards to the right to nationality under art 5(d)(iii). 33 On 8 March 2018, Qatar submitted two inter-state communications before the Committee against Saudi Arabia and the United Arab Emirates (‘UAE’), arguing that these two Member States ‘enacted and implemented discriminatory policies directed at Qatari citizens’, including expulsion and other human rights violations. 34 In both cases, the Committee dismissed responses by the respondent states ‘related to the absence of “nationality” in the definition of racial discrimination prohibited by the Convention’. 35 A parallel case between Qatar and UAE on a possible violation of the ICERD is currently before the International Court of Justice. 36 3 State’s Obligations The State’s obligations to eliminate racial discrimination are outlined under art 2 of the ICERD. In principle, state parties have to pursue ‘by all appropriate means’ a policy of eliminating racial discrimination. This includes obligations to respect, such as ‘to engage in no act or practice of racial discrimination’ and ‘not to sponsor, defend or support racial discrimination’. 37 Further, states are obliged to protect, such as by ‘ensuring that all public authorities and public institutions’ do not engage in acts or practices of racial discrimination and ‘prohibit and bring to an end … racial discriminations by any persons, group or organisation’. Last, states have to fulfil, most notably by taking ‘special and concrete measures’. 38 In 29 30 31 32 33 34 35 36 37 38 Schwelb (n 18) 1008. Thornberry (n 19) 125. Natan Lerner, The UN Convention on the Elimination of All Forms of Racial Discrimination (Sijthoff & Noordhoff 1980) 30; Ion Diaconu, Racial Discrimination (Eleven International Publishing 2012) 152. Thornberry (n 19) 125. ibid 88, 146, 157–58; See also GR 30, UN Doc CERD/C/64/Misc.11/Rev.3 (n 13) [2]. Committee on the Elimination of Racial Discrimination, Jurisdiction of the Inter-State Communication Submitted by Qatar against the Kingdom of Saudi Arabia, UN Doc CERD/C/99/5 (30 August 2019) [6]; Committee on the Elimination of Racial Discrimination, Admissibility of the Inter-State Communication Submitted by Qatar against the Kingdom of Saudi Arabia, UN Doc CERD/C/99/6 (30 August 2019); Committee on the Elimination of Racial Discrimination, Jurisdiction of the Inter-State Communication Submitted by Qatar against the United Arab Emirates, UN Doc CERD/C/99/3 (30 August 2019) [6]; Committee on the Elimination of Racial Discrimination, Decision on the Admissibility of the Inter-State Communication Submitted by Qatar against the United Arab Emirates, UN Doc CERD/C/99/4 (27 August 2019) (‘Qatar v UAE’). Qatar v UAE, UN Doc CERD/C/99/4 (n 34) [63]. For the latest developments, see ‘Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v United Arab Emirates)’ International Court of Justice (Web Page) <https://www.icj-cij.org/en/case/172>. ICERD (n 3) art 2. GR 32, UN Doc CERD/C/GC/32 (n 21). 227