Rohingya genocide case

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The application of the Convention on the Prevention and Punishment of the Crime of Genocide ( Gambia against Myanmar ), generally regarded as the genocide case Rohingya refers to a process that is currently (as of April 2020) before is the International Court of Justice (ICJ) in The Hague negotiated becomes.

Procedural history

On November 11, 2019, Gambia submitted a 45-page motion against Myanmar to the ICJ and initiated the process. The motion alleged that Myanmar had committed mass murder , rape and community destruction against the Rohingya ethnic group in Rakhine state since around October 2016 , and that these acts were in violation of the Genocide Convention. External consultants for the Gambia include a team from the Foley Hoag law firm, led by Paul Reichler, and Professors Philippe Sands from University College London and Payam Akhavan from McGill University in Canada .

The other side is represented by the leader and State Councilor Aung San Suu Kyi Myanmar together with a legal team.

The Gambia also submitted an application for interim protective measures. The ICJ held a three-day public hearing on this motion from December 10-12, 2019. Describing the hearing as “a remarkable spectacle”, one commenter noted that the Gambia's team provided “brutal descriptions” of atrocities while Aung San Suu Kyi avoided using the word “Rohingya” except in reference to the Arakan Rohingya Salvation Army .

On January 23, 2020, the ICJ passed a resolution on the Gambia's application for provisional measures. The resolution passed interim measures instructing Myanmar to prevent acts of genocide against Rohingya Muslims while the case was pending and to report regularly on the implementation of the order.

The Court of Justice issued a procedural order on the same day setting the filing deadlines to be July 23, 2020 for The Gambia's Memorial and January 25, 2021 for Myanmar's Counter-Memorial.

analysis

In an analysis of the decision on the European Journal of International Law's blog , Marko Milanovic, professor at the University of Nottingham School of Law, described the court's decision as “an obvious victory for Gambia and for the Rohingya cause in general”, but posed also states that the decision largely only reproduces existing “state obligations under the Genocide Convention” and does not contain the more comprehensive measures and declarations that the Gambia had called for.

background

The Rohingya people are an ethnic minority in Myanmar who in recent years have faced mass persecution, often referred to as genocide.

Regarding Aung San Suu Kyi's motivation to stand up for the defendant's cause, The Economist writes : “It is difficult to avoid the conclusion that she is taking advantage of the Rohingyas' misery to improve her party's prospects for 2020 To improve elections. "

Web links

Individual evidence

  1. ↑ Fallen rights icon at UN court for Rohingya genocide case . December 10, 2019. Retrieved December 10, 2019.
  2. ↑ Niharika Mandhana and Feliz Solomon: Rohingya Genocide Case Against Myanmar Opens Before UN Court . Retrieved December 10, 2019.
  3. ↑ Foley Hoag Leads the Gambia's Legal Team in Historic Case to Stop Myanmar's Genocide Against the Rohingya | Foley Hoag . Retrieved January 25, 2020.
  4. ↑ Gambia files Rohingya genocide case against Myanmar at UN court . In: The Guardian , November 11, 2019. Retrieved December 7, 2019. 
  5. ^ The Republic of The Gambia institutes proceedings against the Republic of the Union of Myanmar and asks the Court to indicate provisional measures. (PDF; 154 kB) Press release. Unofficial. International Court of Justice, November 11, 2019, accessed December 7, 2019 .
  6. ^ Tara John: Aung San Suu Kyi to defend Myanmar in genocide case . Retrieved December 10, 2019.
  7. ↑ Arne Perras, Wolfgang Janisch: International Court of Justice: Myanmar is on trial. Retrieved April 19, 2020 .
  8. ↑ Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) - Request for the indication of provisional measures - The Court to hold public hearings from Tuesday 10 to Thursday 12 December 2019 . International Court of Justice . Retrieved August 24, 2016.
  9. ^ Michael Becker: The Challenges for the ICJ in the Reliance on UN Fact-Finding Reports in the Case against Myanmar . Retrieved December 19, 2019.
  10. ^ UN Court Orders Myanmar to Protect Rohingya Muslims . In: The New York Times , January 23, 2020. 
  11. ↑ UN court: Myanmar must protect Rohingya from genocide. In: tagesschau.de. Retrieved April 19, 2020 .
  12. ↑ Order . Retrieved March 22, 2020.
  13. ^ Marko Milanovic: ICJ Indicates Provisional Measures in the Myanmar Genocide Case . Retrieved January 23, 2020.
  14. ↑ Is refugee crisis 'textbook ethnic cleansing'? . In: bbc.com , April 24, 2018. Retrieved December 7, 2019. 
  15. ↑ Factbox: Myanmar on trial for Rohingya genocide - the legal cases . In: Reuters , November 21, 2019. Retrieved December 7, 2019. 
  16. ↑ Aung San Suu Kyi has gone from hero to villain . In: The Economist , December 11, 2019.