Write about the Gambia’s accusation of genocide against Myanmar in The Hague, a case that could set a precedent for the prosecution of Israel over Gaza | International
gambia has accused Myanmar before the International court of Justice of the United Nations of having genocidal intent against the Muslim Rohingya minority, in a case that could impact the evaluation of other complaints, such as the one filed in 2023 by South Africa against the same judges for alleged genocide in Gaza. Even though the ICJ, in operation as 1946, has never resolute that a State has committed genocide, a UN examination concluded in 2017 that the military campaign by the army of the Southeast Asian country, which pushed some 730,000 Rohingya towards Bangladesh, included “acts of genocide”.
“The Rohingya have been dehumanized for decades, but they are ordinary people with the same dreams of a dignified and peaceful life as any of us.” This is how Dawda Jallow, Gambian Minister of Justice, opened the arguments of a case presented on behalf of 57 members of the organization of Islamic Cooperation. Canada, France, Denmark, Germany, the Netherlands, the United Kingdom, Ireland and the Maldives have also joined the lawsuit. Also planned for the sessions is the ruling on genocide issued in 2007 by the ICJ itself.It was for Srebrenica, the town in Bosnia-Herzegovina where 8,000 Muslim men were annihilated in 1995 by Serb Bosnian troops during the Balkan wars. “if we apply the same legal standard of proof as Srebrenica, we will conclude that Myanmar committed acts of genocide, with genocidal intent, in 2016 and 2017,” said lawyer Paul Reichler, one of Gambia’s representatives. In those two years, the military campaign ordered by Myanmar took place in Rakhine State, on the west coast, and which forced nearly 730,000 Rohingya to flee to bangladesh.
Gambia Wins initial Ruling in ICJ Case Alleging myanmar Genocide
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the International Court of Justice (ICJ) rejected Myanmar’s objections to a genocide case brought by The Gambia in 2019, opening the door for the court to hear the full case. The ruling, delivered on January 12, 2024, centers on the persecution of the Rohingya Muslim minority in Myanmar.
Background of the Case
Gambia, a majority-Muslim country in West Africa, filed its case against Myanmar in 2019. Prior to appealing to the ICJ, Myanmar dismissed United Nations investigations as “biased and flawed,” asserting that the crackdown targeted “Rohingya rebels and their acts of sabotage.” El País reported on the origins of the conflict in September 2017.
In 2019, Aung san Suu Kyi, then leading Myanmar’s National League for Democracy government, submitted preliminary objections questioning the court’s jurisdiction. She attributed the civilian exodus to fighting insurgents and contested Gambia’s standing to bring the case. The judges rejected these arguments, noting both countries are signatories to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which forms the basis of Gambia’s claim.
The ICJ ordered Myanmar to take provisional measures in 2020, including protecting the Rohingya population and preserving evidence related to the allegations.These measures remain in effect pending a final decision.
Vote Counts & Case Numbers
- ICJ Ruling Date: January 12, 2024
- Case Number: Gambia v. Myanmar
- Convention Invoked: 1948 Convention on the Prevention and Punishment of the Crime of Genocide
Named Institutions
- International Court of Justice (ICJ): The principal judicial organ of the United Nations.
- The Gambia: The country bringing the case against Myanmar.
- Myanmar: The country accused of genocide.
- National League for Democracy: The political party that governed Myanmar at the time the case was initially filed.
- United Nations: Conducted investigations into the situation in Myanmar.