ICJ’s Judgement On The Rohingya And Its Challenges – Analysis

Sub-title: 

Political will is extremely crucial since ICJ has no jurisdiction or legal apparatus over individual nations.

Description: 

"In a historic judgement, the International Court of Justice (ICJ) on 23 January ordered Myanmar to implement vital measures to protect its Rohingya population from any further atrocities. This ruling has been hailed as an “accomplishment of international justice.” This lawsuit was brought by Gambia, a small African Muslim state backed by the 57 nation Organisation of Islamic Cooperation (OIC) in November at the United Nations’ highest body for disputes between states. It accused Myanmar of genocide against Rohingya in violation of a 1948 Genocide Convention. The court witnessed the trial on 10–11 December where the State Counsellor of Myanmar Aung San Suu Kyi was herself present to defend her country’s honour. She emphasised that the accusations made against her government are “incomplete and misleading factual picture of the situation,” thus categorically denying the allegations of genocide and thereby requesting to dismiss the charges brought to it. Under the presiding Judge Abdulqawi Yusuf and 16 other judges present in the panel, the undisputed ruling on 23 January granted Gambia’s request for preliminary measures. According to the court, the Rohingyas face an ongoing threat that necessitates Myanmar to “take all measures within its power to prevent all acts” prohibited under the 1948 Genocide Convention, and report back to the court within four months, and then, every six months after that..."

Creator/author: 

Sreeparna Banerjee, Anasua Basu Ray Chaudhury

Source/publisher: 

Observer Research Foundation (ORF) via "Europe-Asia Studies"

Date of Publication: 

2020-02-11

Date of entry: 

2020-02-11

Grouping: 

  • Individual Documents

Category: 

Countries: 

Myanmar, Bangladesh

Language: 

English

Resource Type: 

text

Text quality: 

    • Good