gambia myanmar icj

In addressing ‘plausible rights’ for the purpose of provisional measures, the application draws upon the case ofBelgium v Senegal, applying mutatis mutandis the comparison to the Convention against Torture. While the Gambia is not in any way directly affected by the atrocities the Myanmar security forces have committed on the Rohingyas, its standing to bring a case against Myanmar … (para. Although this is her first legal article, she maintains a blog that can be found at: https://yaawajeng.wixsite.com/perfectbruises1 where she occasionally posts her various write-ups based on a wide range of topics that she finds interesting. (para. As one of the objects recognized for provisional measures, the Court’s interest is protecting public interest and maintaining peace and order through maintenance of the rights provided in the relevant conventions. [11] It is important to note that any procedure that relates to provisional measures is entirely based on the discretion of the Court. XLV No.1-2001 pg. It is also the first time that the ICJ has investigated genocide claims on … On 11 November 2019, The Gambia filed an application at the International Court of Justice against Myanmar, alleging violation of obligations under the Genocide Convention. As a last point, The Gambia has appointed Navanethem Pillay as an ad hoc judge. It accused Myanmar authorities of continuing to commit human rights violations against the Rohingya even after the provisional measures, confining more than 125,000 Rohingya in over 20 internment camps. She is ambitious about writing and editing. However, in November 2019, Gambia filed an application before the International Court of Justice (ICJ) alleging that the violence committed by the Myanmar government against the Rohingya violated the Convention on the Prevention and Punishment of the Crime of Genocide. [7] Provisional measures are made to safeguard the main object that relates to a case and prevent its change in any way. 135) With her formidable prior experience as President of the ICTR, a judge at the ICC, and head of the OHCHR, this experience will be a welcome addition to the bench. The Gambia opened a case at the ICJ, also known as the World Court, in November last year against Myanmar for failing to prevent or punish genocide against Rohingya Muslims. [13] At the hearings of the matter, Myanmar stated that international humanitarian law may have been violated during something that was referred to as “clearance operations” that took place in Rakhine State in 2017. The IIMM was explicitly mandated to inquire into events from 2011 onwards, while the FFM interpreted its mandate to commence from 2011. 20 – 23) The Gambia asserts that the prohibition of genocide is a jus cogens norm, and results in obligations erga omnes and erga omnes partes, leading to the filing of the application. However, the Gambia’s request for provisional measures to be imposed by the ICJ gives some hope that there may be immediate pressure on the Myanmar government to cease its “wrongful […], […] committed by Myanmar against the Rohingya (for a first analysis of the Application, see this post by Priya Pillai). Myanmar cannot be trusted to put own soldiers on trial: Gambia. provisional measures to requesting parties is derived from Article 41 of the ICJ Statute. For our previous coverage of the case, see here. The application alleged that Myanmar has committed mass murder, rape and destruction of communities against the Rohingya group in Rakhine state since about October 2016 and that these actions violate the Genocide Convention. The Gambia is entitled to submit comments on Myanmar’s report. – The Gambia’s gamble, and how jurisdictional limits may keep the ICJ from ruling on Myanmar’s alleged genocide against Rohingya, The OTP Should Have Appealed the Palestine Decision. As already mentioned above, the rights whose protection is sought must be linked with the measures that are requested. On 11 November 2019, The Gambia lodged a 35-page application with the ICJ against Myanmar, initiating the case on the basis of the erga omnes character of the obligations enshrined in the Genocide Convention. [6] Provisional measures as a protection of a guarantee for preventive character serves as one of the most fundamental instruments used by adjudicatory bodies to protect existing rights. (para. Ms. Jeng is a 23 year old final year Law student at the University of The Gambia. Myanmar leader defending country against charges of genocide over 2017 crackdown on the Rohingya, filed by Gambia.

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