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Rohingya genocide case

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Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)
CourtInternational Court of Justice
CitationApplication of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)

TheApplication of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar),commonly referred to as theRohingya genocide case,[1][2]is a case which is currently being heard by theInternational Court of Justice(ICJ). The case was brought forward by theRepublic of The Gambia,on behalf of 57 members of theOrganisation of Islamic Cooperationin 2019.[3]

Background[edit]

TheRohingya peopleare aMuslimIndo-Aryan[4]ethnic minoritywhich has facedmass persecutionandethnic cleansinginBuddhist-majority Myanmarin recent years. Thepersecution of the Rohingyahas been described as agenocide.[5][6][7]The government of Myanmar deems themillegal immigrants,but the Rohingya people argue they have lived in the area for generations and that the government of Myanmar's treatment of them is unfair to the Muslims of Myanmar as a whole.[8]

According toThe Economist,regardingAung San Suu Kyi'smotivation for taking up the defendants' cause, "It is hard to escape the conclusion that she is exploiting the Rohingyas' misery to boosther party's prospects inelections due in 2020."[9]

Aung San Suu Kyi describes this conflict as an "internal armed conflict"that was triggered by Rohingya attacks on the government of Myanmar. The judge who is presiding over the case,Abdulqawi Ahmed Yusuf,has given Myanmar four months to implement his rulings: Myanmar must take "all measure within its power" to prevent genocide.[10]

Procedural history[edit]

On 11 November 2019,The Gambialodged a 35-page application with the ICJ againstMyanmar,initiating the case on the basis of theerga omnescharacter of the obligations enshrined in the Genocide Convention.[11]The application alleged that Myanmar has committed mass murder, rape and destruction of communities against theRohingyagroup inRakhine statesince about October 2016 and that these actions violate theGenocide Convention.Outside counsel for The Gambia includes a team from the law firmFoley Hoagled by Paul Reichler, as well as ProfessorsPhilippe SandsofUniversity College LondonandPayam AkhavanofMcGill University.[12][13][14]On the other side, leader andState CounsellorAung San Suu Kyiis representing Myanmar, along with a legal team.[15]

The Gambia also submitted a request for the indication ofprovisional measures of protection.The ICJ held a public hearing on that request for three days, 10–12 December 2019.[16]A commentator described the hearing as a "remarkable spectacle," noting that The Gambia's team provided "brutal descriptions" of atrocities, while Aung San Suu Kyi avoided using the word "Rohingya" —except in a reference to the Arakan Rohingya Salvation Army.[17]

On 23 January 2020, the ICJ issued an order on The Gambia's request for provisional measures. The order "indicated" (i.e., issued) provisional measures ordering Myanmar to prevent genocidal acts against the Rohingya Muslims during the pendency of the case, and to report regularly on its implementation of the order.[18]

The Court issued a procedural order on the same date, setting filing deadlines of 23 July 2020 for The Gambia's Memorial, and 25 January 2021 for Myanmar's responsive Counter-Memorial.[19]

On 18 May 2020, The Court issued an extension for The Gambia's memorial and set a filing deadline of 23 October 2020. Similarly, an extension was granted to Myanmar set at 23 July 2021.[20]

In November 2023,Canada,Denmark,France,Germany,theNetherlands,theUnited Kingdom,and theMaldivesjoined The Gambia’s genocide case against Myanmar.[21][22][23]

Analysis[edit]

Analyzing the decision in the blog of theEuropean Journal of International Law,Marko Milanovic,a professor at theUniversity of NottinghamSchool of Law, called the Court's order of provisional measures "obviously a win for The Gambia, and for the Rohingya cause more generally", but also stated that the order largely only replicated existing "state obligations under the Genocide Convention", and did not include the broader measures and statements that The Gambia had requested.[24]

See also[edit]

References[edit]

  1. ^"Fallen rights icon at UN court for Rohingya genocide case".AP News.10 December 2019.Retrieved10 December2019.
  2. ^Solomon, Niharika Mandhana and Feliz (10 December 2019)."Rohingya Genocide Case Against Myanmar Opens Before U.N. Court".Wall Street Journal.Retrieved10 December2019.
  3. ^"Aung San Suu Kyi defends Myanmar from accusations of genocide, at top UN court".UN News.11 December 2019.Retrieved8 February2022.
  4. ^Haque, Md Mahbubul (2 October 2017)."Rohingya Ethnic Muslim Minority and the 1982 Citizenship Law in Burma".Journal of Muslim Minority Affairs.37(4): 454–469.doi:10.1080/13602004.2017.1399600.ISSN1360-2004.S2CID148935720.
  5. ^"Is refugee crisis 'textbook ethnic cleansing'?".24 April 2018.Retrieved7 December2019– via bbc.
  6. ^"Factbox: Myanmar on trial for Rohingya genocide – the legal cases".Reuters.21 November 2019.Retrieved7 December2019– via reuters.
  7. ^"Report of Independent International Fact-Finding Mission on Myanmar (27 August 2018)".ohchr.org.Retrieved14 August2019.
  8. ^"World court acts to prevent Rohingya genocide".BBC News.23 January 2020.Retrieved31 May2020.
  9. ^"Aung San Suu Kyi has gone from hero to villain".The Economist.11 December 2019.
  10. ^"World court acts to prevent Rohingya genocide".BBC News.23 January 2020.Retrieved30 May2020.
  11. ^Application instituting proceedings and Request for the indication of provisional measures.International Court of Justice.11 November 2019.
  12. ^"Foley Hoag Leads the Gambia's Legal Team in Historic Case to Stop Myanmar's Genocide Against the Rohingya | Foley Hoag".foleyhoag.Retrieved25 January2020.
  13. ^Bowcott, Owen (11 November 2019)."Gambia files Rohingya genocide case against Myanmar at UN court".The Guardian.ISSN0261-3077.Retrieved7 December2019– via theguardian.
  14. ^"The Republic of The Gambia institutes proceedings against the Republic of the Union of Myanmar and asks the Court to indicate provisional measures (press release)"(PDF)(Press release). International Court of Justice. 11 November 2019.Retrieved7 December2019.
  15. ^John, Tara (20 November 2019)."Aung San Suu Kyi to defend Myanmar in genocide case".CNN.Retrieved10 December2019.
  16. ^"Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) - Request for the indication of provisional measures - The Court to hold public hearings from Tuesday 10 to Thursday 12 December 2019"(PDF).International Court of Justice.Retrieved24 August2016.
  17. ^Becker, Michael (14 December 2019)."The Challenges for the ICJ in the Reliance on UN Fact-Finding Reports in the Case against Myanmar".EJIL: Talk!.Retrieved19 December2019.
  18. ^Paddock, Richard C. (23 January 2020)."U.N. Court Orders Myanmar to Protect Rohingya Muslims".The New York Times.Retrieved23 January2020.
  19. ^"Order"(PDF).International Court of Justice.Retrieved22 March2020.
  20. ^"Order"(PDF).International Court of Justice.Retrieved7 October2020.
  21. ^"Canada, Britain and main EU countries join Myanmar genocide case".Reuters.17 November 2023.
  22. ^"Canada is being hypocritical by failing to support South Africa's genocide case against Israel".The Conversation.11 January 2024.
  23. ^"Press Release: Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) - Canada, Denmark, France, Germany, the Netherlands, the United Kingdom (jointly) and the Maldives file declarations of intervention in the proceedings under Article 63 of the Statute"(PDF).International Court of Justice.
  24. ^Milanovic, Marko (23 January 2020)."ICJ Indicates Provisional Measures in the Myanmar Genocide Case".EJIL:Talk!.Retrieved23 January2020.

External links[edit]

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