Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar): The Court finds that it has jurisdiction to entertain the Application filed by the The Gambia, and that the Application is admissible

Description: 

"THE HAGUE, 22 July 2022. The International Court of Justice, the principal judicial organ of the United Nations, has today delivered its Judgment on the preliminary objections raised by the Republic of the Union of Myanmar in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar). Myanmar raised four preliminary objections to the jurisdiction of the Court and the admissibility of the Application. In its first preliminary objection, Myanmar argued that the Court lacked jurisdiction, or alternatively that the Application was inadmissible, on the ground that, according to Myanmar, the “real applicant” in the proceedings was the Organisation of Islamic Cooperation. According to the second preliminary objection, the Application was inadmissible because The Gambia lacked standing to bring the case. Myanmar asserted in its third preliminary objection that the Court lacked jurisdiction, or that the Application was inadmissible, since The Gambia could not validly seise the Court in light of Myanmar’s reservation to Article VIII of the Genocide Convention. In its fourth preliminary objection, Myanmar contended that the Court lacked jurisdiction, or alternatively that the Application was inadmissible, because there was no dispute between the Parties under the Genocide Convention on the date on which the Application was filed. In its Judgment, which is final, without appeal and binding on the Parties, the Court: (1) Unanimously, Rejects the first preliminary objection raised by the Republic of the Union of Myanmar; (2) Unanimously, Rejects the fourth preliminary objection raised by the Republic of the Union of Myanmar; (3) Unanimously, Rejects the third preliminary objection raised by the Republic of the Union of Myanmar; (4) By fifteen votes to one, Rejects the second preliminary objection raised by the Republic of the Union of Myanmar; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth; Judges ad hoc Pillay, Kress; AGAINST: Judge Xue; (5) By fifteen votes to one, Finds that it has jurisdiction, on the basis of Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide, to entertain the Application filed by the Republic of The Gambia on 11 November 2019, and that the said Application is admissible. IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth; Judges ad hoc Pillay, Kress; AGAINST: Judge Xue. Judge Xue appends a dissenting opinion to the Judgment of the Court; Judge ad hoc Kress appends a declaration to the Judgment of the Court..."

Source/publisher: 

International Court of Justice ( The Hague, Netherlands)

Date of Publication: 

2022-07-22

Date of entry: 

2022-07-22

Grouping: 

  • Individual Documents

Category: 

Countries: 

Myanmar, Gambia

Language: 

English

Local URL: 

Format: 

pdf

Size: 

211.64 KB

Resource Type: 

text

Text quality: 

    • Good