By AfricaLegalNews Editors
- On 11 November 2019, the Republic of The Gambia filed in the Registry of the International Court of Justice, an Application instituting proceedings against the Republic of the Union of Myanmar concerning alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide.
- Abubacarr Marie Tambadou, Payam Akhavan, Andrew Loewenstein, Tafadzwa Pasipanodya, Arsalan Suleman, Pierre d’Argent, Paul Reichler and Philippe Sands led oral arguments on behalf of The Gambia.
- Aung San Suu Kyi, William Schabas, Christopher Staker and Phoebe Okowa led oral observations on behalf of Myanmar
- Aung San Suu Kyi is the current and first State Counsellor of Myanmar. She is a Nobel Peace Prize laureate and as the leader of the National League for Democracy, played a vital role in the state’s transition from military junta to partial democracy. However, the ongoing Rohingya Genocide has severely tainted Aung San Suu Kyi’s heroic past.
- The ICJ Bench consisted of President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Donoghue, Gaja, Sebutinde, Bhandari, Robinson, Crawford, Gevorgian, Salam, Iwasawa; Judges Ad Hoc Pillay, Kress; And Registrar Gautier.
- In the ICJ case, among other request, The Gambia asked the court to order Myanmar to take all measures within its power to prevent all acts that amount to or contribute to the crime of genocide, including taking all measures within its power to prevent the following acts from being committed against any member of the Rohingya group: extrajudicial killings or physical abuse; rape or other forms of sexual violence; burning of homes or villages; destruction of lands and livestock, deprivation of food and other necessities of life, or any other deliberate infliction of conditions of life calculated to bring about the physical destruction of the Rohingya group in whole or in part.
- The “Rohingya” people in the case were understood as a group that self-identifies as the Rohingya group and that claims a longstanding connection to Rakhine State, which forms part of the Union of Myanmar.
- The court ruled that bearing in mind Myanmar’s duty to comply with its obligations under the Genocide Convention, Myanmar must, per its obligations under the Convention, concerning the members of the Rohingya group in its territory, take all measures within its power to prevent the killing of members of the Rohingya group, the causing of serious bodily or mental harm to the members of the group, the deliberate infliction on the group of conditions of life calculated to bring about its physical destruction in whole or in part and imposing measures intended to prevent births within the group.
- Myanmar must also, concerning the members of the Rohingya group in its territory, ensure that its military, as well as any irregular armed units which may be directed or supported by it and any organisations and persons which may be subject to its control, direction or influence, do not commit acts of genocide, or of conspiracy to commit genocide, of direct and public incitement to commit genocide, of attempt to commit genocide, or of complicity in genocide.
- The Court also unanimously ruled that the Republic of the Union of Myanmar should take adequate measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II of the Convention on the Prevention and Punishment of the Crime of Genocide. Furthermore, The Republic of the Union of Myanmar should submit a report to the Court on all measures taken to give effect to this Order within four months, as from the date of this Order, and after that every six months, until a final decision on the case is rendered by the Court.
The post 10-Point Summary of The Gambia v Myanmar Genocide Case appeared first on Africa Legal News.