The Gambia today (11 November) takes Myanmar to court, filing a case on the Rohingya genocide that created waves of refugees
The Gambia’s case against Myanmar at the International Court of Justice (ICJ) for violating the Genocide Convention, filed on November 11, 2019, will bring the first judicial scrutiny of Myanmar’s campaign of murder, rape, arson, and other atrocities against Rohingya Muslims, 10 nongovernmental organizations said.
States that are party to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide agreed that genocide “whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish” and, by extension, have an obligation not to commit it. The convention permits member states to bring a dispute before the ICJ alleging another state’s breach of the convention, and states can seek provisional measures to stop continuing violations. Myanmar became a party to the Genocide Convention in 1956.
“The Gambia’s legal action triggers a judicial process before the world’s highest court that could determine that Myanmar’s atrocities against the Rohingya violate the Genocide Convention,” said Param-Preet Singh, associate international justice director at Human Rights Watch. “The court’s prompt adoption of provisional measures could help stop the worst ongoing abuses against the Rohingya in Myanmar.” Read more