All Things Newz
Law \ Legal

Rohingya genocide case against Myanmar continues in international court – International Courts & Tribunals

To print this article, all you need is to be registered or login on

The Arakan Rohingya National Organisation
has welcomed
the announcement that the United Kingdom and
Germany will be intervening in The Gambia versus Myanmar
proceedings that are currently before the International Court of

Filed with the ICJ registrar in November 2019 with the
of the Organisation of Islamic Cooperation,
the legal action
sees Gambia charging Myanmar with breaching
UN Genocide Convention
in terms of its treatment of the
Rohingya people in 2016 and 2017.

The case was brought against Myanmar when Aung Sun Suu Kyi’s
2015 elected National League of Democracy Party was still in power.
However, the military junta, which ruled the nation for half a
century prior to the NLD taking office, retook control of the
in a February 2021 coup

And last
saw the ICJ reject Myanmar’s initial objections to the
case that were put to the court in February. The junta raised
four objections
, which centred around whether Gambia, a nation
not affected by the actions in question, lacks standing to bring
the case because of its non-involvement.


The Rohingya are a stateless people who live in Myanmar’s
north-western Rakhine state. Prior to the Myanmar military or
Tatmadaw unleashing a brutal attack on the mainly Muslim minority
in August 2017, an estimated
1.3 million
Rohingya lived in the region.

Following the attack, over 900,000 Rohingya fled across the
border into
refugee camps in Bangladesh

Tensions between Rakhine state’s majority Buddhist
population and the Rohingya have been simmering for decades. And
in 2012
, sectarian violence broke out, which saw 140,000
Muslims internally displaced, and thousands later trying to flee
the country in rickety boats.

The discrimination against the Rohingya people goes much further
than their Rakhine Buddhist neighbours though, as was evidenced
with the passing of the 1982
Citizenship Law
, which failed to recognise the Rohingya as a
distinct group in the country, rendering them stateless.

Gambia claims that “against the backdrop of longstanding
persecution and discrimination”, the Tatmadaw commenced
“clearance operations” in Rakhine in October 2016, which
involved genocidal acts, including mass
, rape and the systematic destruction of villages by

“From August 2017 onwards, such genocidal acts continued
with Myanmar’s resumption of ‘clearance operations’ on
a more massive and wider geographical scale,”
the Gambian application to the ICJ

The crime of

Adopted by the UN General Assembly
in December 1948
, the Genocide Convention defines the crime as
any one of five acts perpetrated against a national, ethnic, racial
or religious group with intent to destroy it, in whole or in

The five acts defined as genocidal in nature are killing members
of a group, subjecting them to serious bodily or mental harm,
inflicting conditions calculated to cause their physical
destruction, the prevention of births or forced child removals.

The ICJ released its determination on Gambia’s application
or memorial
on 22 July
, in which it found that the court has jurisdiction
to proceed with the case based on article 9 of the Convention, and
it set the
date of 24 April next year
, as a deadline for Myanmar to file a

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: International Law from Myanmar

PCN As A Tool For Fair Comparison

TPM Consultant

Product Control Number or PCN is a methodology laid down to compare identical types of product under consideration (PUC) in any trade remedial investigation.

How War Today Affects Trade Tomorrow

TPM Consultant

Just as the world was recovering from the effects of the pandemic and the world-wide lockdowns that completely disrupted the global economy and supply chain, Russian military’s aggression towards Ukraine…

Source link

Related posts

4th Circuit: Borrower Must Return Loan Proceeds After Rescission Despite Lender’s Failure To Meet TILA Requirements – Financial Services

Summary Of 2021 EU State Of The Union Policy Announcements – Financial Services

How does a bail enforcement condition by a court work in New South Wales? – Crime