ICJ
Provisional Judgement
In its landmark decision, the International Court of Justice (ICJ) declared that Rohingyas must be protected against genocide.
Here are the four major decisions that the ICJ’s panel of 17 judges:
It established that the court has the right to hear the case. It also ruled that the Gambia was well within its rights to bring this case to the court under the Genocide Convention, contrary to Burma’s contention that it had no such right. It ordered Burma to protect all 600,000 Rohingyas who are left in Burma from all military, and paramilitary forces from harming them physically or mentally. The court ordered Burma to preserve all evidence of genocide. The court asked Myanmar to submit a report within 4 months .
The ruling of the court was unanimous, including even the assent of a Burmese and Chinese judge.
Why This Matters:
The International Court of Justice (ICJ) stands as the principal judicial organ of the United Nations, dedicated to the peaceful resolution of disputes between states and the advancement of international law. In an era where global stability faces unprecedented challenges, the ICJ’s role in adjudicating conflicts, offering advisory opinions, and upholding the rule of law is more critical than ever. It reinforces accountability, promotes human rights, and fosters diplomacy over warfare. Understanding and supporting the ICJ’s work is essential to ensuring a more just, secure, and cooperative world.
International Court of Justice (ICJ) Case
On November 11, 2019, The Republic of The Gambia filed suit against Myanmar (Burma) in the International Court of Justice (“ICJ”) for violating the Genocide Convention. According to the UN Human Rights Council-mandated Independent International Fact-Finding Mission on Myanmar (FFM), the treatment of the Rohingya population amounts to genocide, crimes against humanity, and war crimes. In its final report, published in September 2019, the FFM concluded that “the State of Myanmar breached its obligation not to commit genocide” and found that Myanmar “continues to harbor genocidal intent” towards the Rohingya.
This pivotal lawsuit at the ICJ brings a critical focus to Burma’s responsibility as a state for genocide and compliments ongoing investigations into individual accountability at the International Criminal Court.
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