Showing posts with label International Court of Justice. Show all posts
Showing posts with label International Court of Justice. Show all posts

Tuesday, July 26, 2022

International Court Of Justice Says Genocide Case Against Myanmar May Move Ahead

 In The Gambia v. Myanmar, (Intl. Ct. Justice, July 22, 2022), the United Nations International court of Justice rejected various procedural defenses raised by Myanmar to the suit against it alleging genocide against the Rohingya. Among other things, it held that Gambia has standing to bring the lawsuit, saying in part:

112. It follows that any State party to the Genocide Convention may invoke the responsibility of another State party, including through the institution of proceedings before the Court, with a view to determining the alleged failure to comply with its obligations erga omnes partes under the Convention and to bringing that failure to an end.

113. The Court acknowledges that Bangladesh, which borders Myanmar, has faced a large influx of members of the Rohingya group who have fled Myanmar. However, this fact does not affect the right of all other Contracting Parties to assert the common interest in compliance with the obligations erga omnes partes under the Convention and therefore does not preclude The Gambia’s standing in the present case.

AP reports on the decision.

Friday, September 04, 2020

Canada, Netherlands Will Assist In Case Against Myanmar For Genocide Against Rohingya

 In a Joint Statement (full text) issued on Wednesday, the Foreign Ministers of Canada and the Netherlands said that their governments plan to intervene in the genocide case that has been brought against Myanmar at the International Court of Justice. In the case, Gambia claims that Myanmar has taken and condoned actions against Rohingya Muslims that violate the Convention on the Prevention and Punishment of the Crime of Genocide. In an initial decision, the International Court imposed provisional measures on Myanmar.  In their Joint Statement, Canada and the Netherlands said in part:

The Gambia took a laudable step towards ending impunity for those committing atrocities in Myanmar and upholding this pledge. Canada and the Netherlands consider it our obligation to support these efforts which are of concern to all of humanity. As part of this intervention, Canada and the Kingdom of the Netherlands will assist with the complex legal issues that are expected to arise and will pay special attention to crimes related to sexual and gender-based violence, including rape.

Al Jazeera reports on these developments.

Thursday, January 23, 2020

World Court Orders Myanmar To Prevent Further Genocide of Rohingya

The United Nations International Court of Justice has handed down an opinion and order imposing provisional measures on Myanmar to protect the Rohingya in Myanmar's Rakhine state from continuing acts of genocide. The court's opinion in The Gambia v. Myanmar, (ICJ, Jan. 23, 2020), deals at length with jurisdictional issues, standing and the availability of provisional relief pending a final decision in the case. Finding that a plausible claim has been stated and that there is a real and imminent risk of irreparable prejudice if interim relief is not granted, the Court ordered:
The Republic of the Union of Myanmar shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the members of the Rohingya group in its territory, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular:
(a) killing members of the group;
(b) causing serious bodily or mental harm to the members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and
(d) imposing measures intended to prevent births within the group;
...The Republic of the Union of Myanmar shall, in relation to 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 organizations and persons which may be subject to its control, direction or influence, do not commit any acts described in point (1) above, 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 Republic of the Union of Myanmar shall take effective 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....
The Court also issued a press release summarizing the decision. CNN has extensive background on the case.

Tuesday, November 12, 2013

International Court of Justice Rules On Cambodian- Thailand Dispute Over Hindu Temple Site

Yesterday the International Court of Justice in the Hague issued a decision in Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand). (Full text of decision; Summary of the judgment; Press Release).  In 1962, the ICJ ruled in a border dispute that the Temple of Preah Vihear (now a UNESCO world heritage site) is located in Cambodian territory, and ordered that "Thailand is under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity."  Yesterday's decision clarified what was meant by the area in the "vicinity" of the Temple. As described in a Voice of America report:
The unanimous ruling by the 17 judges of the world court says all of the raised land on which the ancient Khmer Hindu temple sits belongs to Cambodia.... While adjusting some of the disputed boundary, the decision leaves unresolved the sovereignty of much of the 4.6 square kilometer area in the immediate vicinity of the religious site.....
The ICJ decision rejects some territorial claims in the area made by each country thus it is not a total victory for either side.....
Within hours of the verdict, Thailand’s Prime Minister Yingluck Shinawatra appeared in a nationally televised address, saying the court had taken her country’s stance into consideration and that Bangkok should work with Phnom Penh to resolve outstanding issues.
The territorial dispute led to an exchange of gunfire and dozens of deaths in 2011.