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.