Following three days of public hearings last week in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide, the International Court of Justice (ICJ) is set to hear The Gambia’s second round of arguments on Monday, 28 February. These arguments address the preliminary objections raised by Myanmar regarding the Court’s jurisdiction and the admissibility of the case.
Background of the Case
On 11 November 2019, The Gambia initiated proceedings against Myanmar before the ICJ, accusing the Myanmar government of violating the Genocide Convention through its actions against the Rohingya ethnic group. Alongside the application, The Gambia requested provisional measures, alleging that Myanmar had breached and continued to breach its obligations under the Genocide Convention in relation to the Rohingya.
On 23 January 2020, the ICJ issued a unanimous order on the provisional measures requested by The Gambia. The Court directed Myanmar to:
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Take all measures within its power to prevent acts falling within the scope of Article II of the Genocide Convention.
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Ensure that its military and any irregular armed groups refrain from committing acts of genocide as defined under Article II.
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Implement effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of genocide.
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Submit a report to the Court within four months detailing measures taken to comply with the order, followed by periodic reports every six months until the case is concluded.
Myanmar’s Preliminary Objections
On 20 January 2021, Myanmar raised preliminary objections challenging the ICJ’s jurisdiction and the admissibility of The Gambia’s application. Myanmar’s objections included the following arguments:
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The ICJ lacks jurisdiction, or alternatively, the application is inadmissible because the Organization of Islamic Cooperation (OIC) is the real applicant, not The Gambia.
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The Gambia lacks standing to bring the case under Article IX of the Genocide Convention.
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The Gambia cannot validly seize the Court due to Myanmar’s reservation to Article VIII of the Genocide Convention.
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The ICJ lacks jurisdiction, or alternatively, the application is inadmissible, as there was no dispute between The Gambia and Myanmar at the time the application was filed.
Procedural Developments
In response to Myanmar’s objections, the ICJ, in an order dated 28 January 2021, set a deadline of 20 May 2021 for The Gambia to submit a written statement of its observations and submissions on the preliminary objections. The Gambia filed its written statement on 20 April 2021.
In a press release dated 19 January 2022, the Court announced that oral arguments on the preliminary objections would be heard from Monday, 21 February, to Monday, 28 February 2022. The Gambia is now set to present its second round of oral arguments on 28 February.
Significance of the Case
This case represents a significant moment in international law, as it addresses the responsibility of states to prevent and punish genocide under the Genocide Convention. The outcome of the preliminary objections will determine whether the ICJ can proceed to the merits of the case, which could have far-reaching implications for accountability and justice for the Rohingya people.
