Developments in Gambia’s Case Against Myanmar at the International Court of Justice (Questions and Answers)

Description: 

"In November 2019, Gambia – with the backing of the Organisation of Islamic Cooperation (OIC) – filed a case, The Gambia v. Myanmar, before the International Court of Justice in The Hague. The case alleged that Myanmar’s atrocities against the ethnic Rohingya in Rakhine State violated various provisions of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). Gambia, which ratified the Genocide Convention in 1978, brought the case under Article 9 of the convention, which allows for disputes between parties “relating to the responsibility of a State for genocide” and related acts to be submitted to the ICJ. In December 2019, the court held hearings on Gambia’s request for provisional measures to protect the Rohingya remaining in Myanmar from genocide, which the court unanimously adopted in January 2020 (see below). In January 2021, Myanmar, then under the government led by Aung San Suu Kyi’s National League for Democracy, filed preliminary objections challenging the court’s jurisdiction and Gambia’s standing to file the case. On February 1, 2021, Myanmar’s military staged a coup, overthrew the democratically elected government, and replaced it with a military junta, the State Administration Council. The case continues and the ICJ will hold public hearings on Myanmar’s preliminary objections from February 21 to 28, 2022. 2. Why is the genocide case against Myanmar important? The Gambia v. Myanmar provides an unprecedented opportunity for the ICJ to scrutinize the abuses of Myanmar’s military. While the ICJ case focuses exclusively on alleged crimes against the Rohingya, the military has inflicted grave abuses across Myanmar. At the beginning of the case, ethnic groups both inside and outside the country issued statements backing the ICJ proceedings, noting similarities in the military’s brutal tactics against the Rohingya and other minority communities. The Myanmar military’s well-documented abuses against the Rohingya and other ethnic minority groups in Myanmar span decades, but until Gambia brought a case before the ICJ, the government’s atrocities within Myanmar had been almost completely beyond the reach of justice. The impunity that the military has enjoyed since first taking power in 1962 enabled ongoing abuses and may have paved the way for the February 1, 2021 coup and the new military junta. The United Nations-backed Independent International Fact-Finding Mission on Myanmar (“Fact-Finding Mission”) called for the investigation and prosecution of Myanmar’s military commanders, including Sen. Gen. Min Aung Hlaing for genocide, crimes against humanity, and war crimes related to the abuses in Rakhine, Kachin, and Shan States since 2011. As leader of the military junta, Min Aung Hlaing has also overseen a brutal crackdown over the past year against millions of anti-junta protesters. Since the coup, junta security forces have carried out mass killings, torture, sexual violence, arbitrary arrests, and other abuses that Human Rights Watch believes amount to crimes against humanity. Security forces have killed over 1,500 people since the coup, including at least 100 children, and arbitrarily detained over 11,000 activists, politicians, journalists, and others..."

Source/publisher: 

Human Rights Watch (USA)

Date of Publication: 

2022-02-14

Date of entry: 

2022-02-14

Grouping: 

  • Individual Documents

Category: 

Countries: 

Myanmar

Language: 

English

Local URL: 

Format: 

pdf

Size: 

272.3 KB

Resource Type: 

text

Text quality: 

    • Good