MYANMAR GENOCIDE CASE TO PROCEED AS ICJ DECLARES JURISDICTION

Sat 23 July 2022:

Myanmar’s preliminary objections to a case alleging genocide against the Rohingya ethnic minority have been rejected by judges at the United Nations’ highest court.

The decision made on Friday makes it possible for The Gambia’s contentious case—which could take years to resolve—to proceed fully at the International Court of Justice (ICJ).

The Gambia, which filed the lawsuit and is currently ruled by the military, was denied standing to bring it before the ICJ, according to Myanmar.

However, the 13-judge panel found that the court has jurisdiction in the case and that all signatories to the 1948 Genocide Convention can and must take action to prevent genocide.

“Gambia, as a state party to the Genocide convention, has standing,” she said, reading a summary of the ruling. The court will now proceed to hearing the merits of the case, a process that will take years.

While the court’s decisions are binding and countries generally follow them, it has no way of enforcing them.

In a 2020 provisional decision, it ordered Myanmar to protect the Rohingya from genocide, a legal victory that established their right under international law as a protected minority.

The South East Asian nation was then represented by Nobel laureate Aung San Suu Kyi, who was deposed as civilian leader by the current military regime which seized power in 2021.

‘Speed up justice’

A small group of pro-Rohingya protesters gathered outside the court’s headquarters, the Peace Palace, before the decision with a banner reading: “Speed up delivering justice to Rohingya. The genocide survivors can’t wait for generations.”

One protester stamped on a large photograph of Myanmar’s military government leader, Senior General Min Aung Hlaing

Myanmar’s military launched what it called a clearance campaign in Rakhine state in 2017 in the aftermath of an attack by a Rohingya armed group. More than 700,000 Rohingya fled into neighbouring Bangladesh and Myanmar security forces have been accused of mass rapes, killings and torching thousands of Rohingya homes.

In March, US Secretary of State Antony Blinken referred to the violence committed by the Myanmar military against the Rohingya as “genocide.”

The International Criminal Court, which also has its headquarters in The Hague and prosecutes people for crimes against humanity, is unrelated to the ICJ, which settles disputes between states. The ICC’s prosecutors are looking into alleged crimes against the Rohingya.

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