In this Q&A, Crisis Group expert Richard Horsey looks at the legal and diplomatic stakes of these proceedings. Myanmar thinks that its primary problem is therefore one of communication: how to explain the “real situation” more clearly and effectively. One possibility is that the Netherlands and Canada will become “intervening states”, a status that would give them access to court documents and the right to participate in oral proceedings, without being formal parties to the dispute. She no doubt intends to use the legal setting in The Hague to try to set the record straight. Aung San Suu Kyi’s public statements over the last two years, and what she is known to have said in private, suggest that she believes no genocide has occurred in the Rohingya case. Gambia said these facts are extensively documented by independent investigative efforts conducted under the auspices of the United Nations and corroborated by international human rights organisations and other credible sources. Aung San Suu Kyi likely feels that as the country’s de facto leader she has the primary responsibility to respond to The Gambia’s claims, and also that she is the person best qualified to do so – given her fluent English and experience on the world stage. It is relatively easy for Myanmar to condemn in conclusory terms the assessment by the Fact-Finding Mission ( or by other groups ) as flawed and biased, as it did at the UN Security Council last month . • conspiracy to commit genocide, Her stance for Myanmar in The Hague could also lead to a slight thaw in the chilly relations between the civilian government and the military. The Geneva-based International Commission of Jurists, a non-governmental organisation that works to promote and protect human rights through the rule of law, issued a briefing paper about the hearings at the International Court of Justice (ICJ) on Myanmar’s Genocide case. The Gambia has lodged a case against Myanmar at the International Court of Justice (ICJ), the principal UN judicial body based in The Hague, alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide (usually known as the Genocide Convention) in Myanmar’s treatment of ethnic Rohingya Muslims. This outpouring of support will play well for Aung San Suu Kyi’s National League for Democracy in the November 2020 elections, though electoral advantage is unlikely to be her primary motivation. • failing to prevent genocide, For the first time, a court has ordered Myanmar to take actions to protect the Rohingya. Since The Gambia filed the ICJ case on 11 November, and Aung San Suu Kyi decided to represent Myanmar personally in The Hague, a wave of nationalist fervour has swept the country. Two other countries – the Netherlands and Canada – have indicated that they will support The Gambia’s case. Part of Aung San Suu Kyi’s international audience at The Hague will consist of some Asian governments that are determined to maintain close bilateral ties with Naypyitaw. The near ubiquitous narrative in the country – coming from its leaders and promulgated by the local media – is that the outside world misunderstands what has happened with the Rohingya. YANGON—The International Court of Justice has announced the deadlines for initial plea dings in the genocide case The Gambia filed against Myanmar last year over its treatment of Rohingya Muslims.. More than 700,000 Muslims from Myanmar’s western Rakhine State fled to neighboring Bangladesh in late 2017 after the government’s security forces … A moment of truth is fast approaching. • failing to enact the necessary legislation to give effect to the provisions of the convention. Accordingly, State Counsellor Daw Aung San Suu Kyi, in her capacity as Union Minister of Foreign Affairs, will act as the Agent.”. It is hard to imagine, moreover, given the documentation of the Rohingya’s plight, that she will convince the many sceptical observers in the global media and civil society that Myanmar’s state is misunderstood and unfairly maligned. ICJ orders Myanmar to prevent Rohingya genocide The United Nations' highest court was hearing a case brought by the African nation of Gambia on behalf of Muslim nations that accuse Myanmar of holding a genocidal campaign against the country's Rohingya Muslims in violation of … • must cease forthwith any such ongoing internationally wrongful act and fully respect its obligations under the convention, The civilian government is likewise soliciting vocal support from the people for the state counsellor’s defence of the nation. (4) Myanmar Times Websites (Myanmar/English) The International Court of Justice () also ordered authorities to prevent the destruction of evidence related to genocide allegations.The case against Myanmar was brought to the ICJ in November by The Gambia, on behalf of the Organization of Islamic Cooperation (OIC), arguing that the mainly-Muslim Rohingya had been subjected to genocide. Myanmar might finally be held accountable for genocide, but the court case must recognise sexual violence October 15, 2019 9.33pm EDT Susan Hutchinson , … Review our privacy policy for more details. She thinks that, on the contrary, the outside world has deeply misunderstood and exaggerated the Rohingya crisis. • direct and public incitement to commit genocide, The order is available here, the three separate opinions here. Aung San Suu Kyi arrives at ICJ as Myanmar faces genocide case. In a major ruling, the U.N. International Court of Justice at The Hague has ordered Burma to “take all measures within its power” to protect Rohingya Muslims from genocide. One objective of an ICJ case would be to compel Myanmar to respond to genocide allegations in a formal and adversarial judicial setting. (2) Myanmar Times Daily Edition (English) Anyone can easily compare the substance of this defence with the numerous third-party reports about why so many Rohingya fled northern Myanmar and how they are living stuck in Bangladesh. But the case itself will probably be long and convoluted, with the court taking years to render its final decision. It is accusing Myanmar of genocide against the Rohingya in a case brought before the International Court of Justice (ICJ). The allegations against Myanmar include responsibility for genocidal acts against the Rohingya and failure to prevent and punish genocide, among others. Myanmar was ordered to “take all measures within its power” to prevent any further acts of violence against the Rohingya in late January by the International Court of Justice (ICJ). What impact will Aung San Suu Kyi’s appearance in The Hague have within Myanmar? Anyone can also read about the Rohingya who continue to live in precarious circumstances at home. Why is Aung San Suu Kyi, Myanmar’s top civilian leader, speaking at the ICJ hearing this week and what does she hope to achieve? On 10 December, the International Court of Justice convened to hear an opening request in a genocide case filed against Myanmar for its atrocities against Rohingya Muslims. What impact will the ICJ case have on international perceptions of Myanmar? They receive communications from the ICJ’s registrar concerning the case and forwards all correspondence and pleadings, duly signed or certified, to them. On November 11, the Republic of The Gambia filed an “Application Instituting Proceedings and Request for Provisional Measures” at the ICJ against the Republic of the Union of Myanmar. Myanmar leader defending country against charges of genocide over 2017 crackdown on the Rohingya, filed by Gambia. By continuing to browse the site you are agreeing to our use of cookies. Myanmar civilian leader Aung San Suu Kyi will personally defend her government from allegations of genocide against the minority Muslim Rohingya – an unusual twist of fate for a … ICJ to hear Myanmar Muslims genocide case on Dec 10. Myanmar Consolidated Media Co., Ltd. will temporarily suspend 3 months the following businesses starting from 21 February 2021 at 10:00 am. In public hearings before the ICJ, the agent opens the argument on behalf of the government and lodges the submissions. • must perform the obligations of reparation in the interest of the victims of the genocidal acts who are members of the Rohingya group, including but not limited to allowing the safe and dignified return of forcibly displaced Rohingya and respect for their full citizenship and human rights and protection against discrimination, persecution, and other related acts, consistent with the obligation to prevent genocide, and • must ensure that persons committing genocide are punished by a competent tribunal, including before an international penal tribunal, The global audience – particularly in the West – will expect her to go much farther than she has in previous speeches in acknowledging the security forces’ wrongdoing and committing to address it. The ICC is only able to pursue related investigations into forced deportation. The statement noted that the “case concerns the high national interest of the entire country. What is Daw Aung San Suu Kyi’s role in the proceedings? Because Myanmar isn’t a state party to the International Criminal Court (ICC) and China and Russia have been acting to prevent the Security Council referring the matter to the ICC, no individuals can be charged with genocide at that court. In particular, Gambia relies extensively on the reports of the Independent International Fact-Finding Mission on Myanmar. She might say enough to satisfy them, but she will have more difficulty meeting the expectations of Western governments. (6) Myanmar Times Twitter Page (9) MCM Printing House. By . Why is Myanmar before the International Court of Justice? Gambia’s Genocide Case Against Myanmar: A Legal Review A look at the prospects for the ICJ case, based on past precedent and international law. The definition of genocide found in Article II of the convention is set out in Annex 1. It remains to be seen how far she will go in this direction. All rights reserved. • failing to punish genocide, and “The genocide … Written by Marko Milanovic. Views on the Rohingya crisis inside Myanmar are almost diametrically opposed to those outside the country. • attempting to commit genocide, From August 2017 onwards, such genocidal acts continued with Myanmar’s resumption of ‘clearance operations’ on a more massive and wider geographical scale.” (8) Myanmar Times TV Public sitting held on Thursday 12 December 2019, at 4.30 p.m., at the Peace Palace, President Yusuf presiding, in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) The charges stem from atrocities committed by Myanmar’s security forces in northern Rakhine State, which have forced over 700,000 Rohingya to flee to Bangladesh since August 2017. Prior announcement will be made when the businesses can be resumed. In general, when any formal act is to be done by the government represented, it is done by the agent. A billboard depicting Myanmar State Counsellor Aung San Su Kyi with the three military ministers in front of a background showing the building of the International Court of Justice in The Hague is displayed along a main road in Hpa-an, Karen State. ICJ Indicates Provisional Measures in the Myanmar Genocide Case. Fast facts about ICJ hearings on Myanmar genocide case, Daw Aung San Suu Kyi appears before the International Court of Justice in The Hague, Netherlands, to defend Myanmar against the allegations of genocide on Tuesday. (1) Myanmar Times Daily (Myanmar) A justice minister or an attorney general normally plays this role; it is extremely rare for a political figure of her prominence to do so. The Gambia has also asked the ICJ to order “provisional measures”, the equivalent of an injunction in domestic law, authorising steps to protect the parties’ rights pending the case’s final adjudication. She also no doubt understands that the eyes of the world will be on her at this pivotal moment for Myanmar. DHAKA, 01 March 2021 (BSS) – The Organization of Islamic Cooperation (OIC) has said it will remain beside Bangladesh in resolving the Rohingya crisis as well as continue its support regarding Rohingya genocide case with International Court of Justice (ICJ) filed by Gambia. Myanmar has objected to Gambia's eligibility in filing a November 2019 case alleging that it committed atrocities against Northern Rakhine Muslims (Rohingya) in Rakhine State in 2016 and 2017 that violate the Convention on the Prevention and Punishment of the Crime of Genocide. Today the International Court unanimously issued its provisional measures order in the case brought by The Gambia against Myanmar under the Genocide Convention. This is what is known as the “merits” part of the case. The three day long public hearings on provisional measures in the Rohingya genocide case filed by The Gambia against Myanmar with the International Court of Justice came to a conclusion on Thursday.. Now it is time for the ICJ, The Hague based principal judicial organ of the United Nations, to give a decision after hearing nine hours of deliberations by The Gambia and Myanmar. They have called on all state parties to the Genocide Convention to do the same. Myanmar could lose in the court of international public opinion well before the ICJ makes any legal ruling. In addition to a legal team, states involved in ICJ cases must nominate an “agent” empowered to represent the state and make commitments on its behalf. The Gambia, relying on the Convention’s provision that the ICJ can adjudicate disputes over such charges, brought this case on behalf of the 57-member Organisation of Islamic Cooperation. Late last year Gambia brought a case against Myanmar to the ICJ, often called the "world court", alleging it breached the Geneva Convention on preventing and punishing genocide. On November 24, the State Counsellor’s Office said in a statement that “a high-level briefing on recent developments on international arena with regard to Myanmar was held at the President Office.” The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), commonly referred to as the Rohingya genocide case, is a case currently being heard by the International Court of Justice (ICJ). Gambia last month launched a case at ICJ, while rights groups have filed a separate lawsuit in Argentina. Specifically, Gambia alleged in paragraph 6 of its application that “…against the backdrop of longstanding persecution and discrimination, from around October 2016, the Myanmar military (the Tatmadaw) and other Myanmar security forces began widespread and systematic ‘clearance operations’ – the term that Myanmar itself uses – against the Rohingya group. In November 2019, The Gambia opened a case at the ICJ, also known as the World Court, against Myanmar for failing to prevent or punish genocide against Rohingya Muslims. But on Monday, Gambia filed a lawsuit accusing Myanmar of genocide, summoning the case before the United Nations’ highest court in an effort to … A decision on provisional measures is expected within weeks. © Copyright 2021 The Myanmar Times. The ICJ ordered Myanmar to cease the commission of genocidal acts, prevent the destruction of evidence of crimes against the Rohingya and report back to the UN every six months. AFP. But the risk is that unleashing the forces of narrow nationalism will not only silence voices calling for human rights protections and greater tolerance for diversity in the country but also postpone any honest national reckoning with what happened to the Rohingya. Billboards and mass rallies endorse her mission at the ICJ; even the military – her nemesis during fifteen years of house arrest – is giving her its unequivocal backing. The objection was submitted to the International Court of Justice (ICJ) on January 20, more than a Myanmar at the International Court of Justice, The Covid-19 Pandemic and Deadly Conflict, The Nagorno-Karabakh Conflict: A Visual Explainer, Turkey’s PKK Conflict: A Visual Explainer, South Sudan’s Other War: Resolving the Insurgency in Equatoria, A Close-up View of Myanmar’s Leaderless Mass Protests, War & Peace: Planning for Nuclear Armageddon, Deeply Rooted: Coca Eradication and Violence in Colombia, Bringing the U.S. and Iran out of Suspended Animation, Building a Better Future for Rohingya Refugees in Bangladesh, Bangladesh-Myanmar: The Danger of Forced Rohingya Repatriation. By Kyaw Phyo Tha 29 January 2020 . Aung San Suu Kyi is Myanmar’s agent, in her capacity as foreign minister (she also holds the title of state counsellor). • committing genocide, • must offer assurance and guarantees of non-repetition of violations of the convention. The genocidal acts committed during these operations were intended to destroy the Rohingya as a group, in whole or in part, by the use of mass murder, rape and other forms of sexual violence, as well as the systematic destruction by fire of their villages, often with inhabitants locked inside burning houses. Gambia’s case … The diplomatic and reputational impact is thus likely to be most immediate and consequential. Photo: EPA, At least two more dead as tensions escalate in Myanmar, UK imposes sanctions on Myanmar's military leaders, Monkeys starve as visitors dwindle in Myanmar, Charity medical teams under fire as a result of misunderstandings, Disability organisation urges patience during peaceful protests in Myanmar, Government extends subsidies on electricity in Myanmar. In defending Myanmar as part of proceedings live-streamed worldwide, she will necessarily be defending the military against genocide charges. Hearings at the court from 10-12 December – at which Aung San Suu Kyi will represent Myanmar – are dealing with this request for provisional measures. The Gambia has lodged a case against Myanmar at the International Court of Justice (ICJ), the principal UN judicial body based in The Hague, alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide (usually known as the Genocide Convention) in Myanmar’s treatment of ethnic Rohingya Muslims. • has breached and continues to breach its obligations under the convention, Both The Gambia and Myanmar have retained top international lawyers as counsel. President Win Myint’s wife even conducted a ritual at Aung San Suu Kyi’s “eternal peace pagoda” in Naypyitaw, invoking the spirits to confer success on her efforts. Sunday Dec 08, 2019 . (The Hague) – The Gambia’s case against Myanmar at the International Court of Justice (ICJ) for violating the Genocide Convention, filed on November 11, … Following the memorial filing by the Gambia, the government of Myanmar had three months to file a Counter-Memorial at the ICJ in response to The Gambia’s genocide allegations. The Gambia filed a genocide case at the top UN Court, ICJ in November 2019, alleging violations of the Genocide Convention following 2017 brutalities against the Rohingyas. (5) Myanmar Times Facebook Pages (Myanmar/English) This site uses cookies. (7) Myanmar Times News App (3) Myanmar Times WEEKEND Gambia said they have a “dispute” with Myanmar concerning Myanmar’s application of the Convention on the Prevention and Punishment of the Crime of Genocide. Below are excerpts: What allegations does Gambia make against Myanmar? If the case proceeds, a significant amount of time may pass before final judgment of the merits. On November 11, the Republic of The Gambia filed an “Application Instituting Proceedings and Request for Provisional Measures” at the ICJ against the Republic of the Union of Myanmar. Gambia is one of the 57 member countries representing the Organization for Islamic Cooperation (OIC). Gambia said they have a “dispute” with Myanmar concerning Myanmar’s application of the Convention on the Prevention and Punishment of the Crime of Genocide. • complicity in genocide, A state that is a party to a case before the ICJ nominates an agent who serves as the head of the diplomatic mission with power to legally commit a sovereign state. In paragraph 112 of its application, and with reference to specific articles of the convention, Gambia asked the ICJ to “adjudge and declare” that Myanmar: They are always assisted by counsel or advocates appointed by the government to act on their behalf. Gambia said Myanmar had violated its obligations under the convention by: Such an accounting is the only way that Myanmar can get out of its international legal and diplomatic predicament.
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