The Daily Star
Porimol PalmaJanuary 30, 2020
ICJ sets deadline for The Gambia regarding ‘Rohingya genocide’ case
The International Court of Justice has asked The Gambia to file its initial pleadings by July 23 in the case against Myanmar.
Myanmar, which is accused of genocide against Rohingyas, will then have to file the counter-memorial on January 25 next year.
“The Court made the order taking into account the exceptional circumstances of the case and its gravity,” said the International Court of Justice (ICJ) in a statement on Tuesday.
On January 23, the ICJ ordered Myanmar to ensure that its military or any of its forces stop any physical and mental harms on Rohingyas.
The ICJ also ordered Myanmar not to destroy the evidence of crimes committed against the Rohingyas during a military campaign since August 2017, when some 750,000 Rohingyas fled to Bangladesh.
Some 300,000 Rohingyas fled earlier waves of persecution since the 70s in Rakine State where they have been denied citizenship and basic rights like higher education and healthcare. There are restrictions on their freedom of movement.
A UN Independent Fact-Finding Mission said the crackdown in 2017 by the Myanmar military had genocidal intent, while the UN described it as “a classic example of ethnic cleansing”. Myanmar said there were war crimes during the crackdown, but not genocide.
The Gambia, on behalf of the Organisation of Islamic Conference, filed a case with the World Court in November last year, accusing Myanmar of genocide. In response, the ICJ held hearings from December 10-12.
Explaining the ICJ statement, Prof Mizanur Rahman, expert on international law, said the case filed by The Gambia in November was meant to seek provisional measures.
“The Gambia will now have to file the Memorial with the evidence supporting the allegations of genocide. Initially, The Gambia filed case based on the UN Fact-Finding reports and evidence collected by other human rights bodies,” he told The Daily Star.
Now, The Gambia will have to collect more evidence of genocide. Bangladesh should help the country in this regard, he said.
After Gambia’s filing of the pleadings, the ICJ will send its copy to Myanmar which will then file its arguments, Prof Mizanur said.
“The ICJ will then hold hearings and it may take a few years for the court to deliver its judgement,” he added.
Nay San Lwin, co-founder of Free Rohingya Coalition, told The Daily Star from Germany yesterday: “There should be strong actions against Myanmar so it takes measures to protect the Rohingyas.”
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Myanmar, which is accused of genocide against Rohingyas, will then have to file the counter-memorial on January 25 next year.
“The Court made the order taking into account the exceptional circumstances of the case and its gravity,” said the International Court of Justice (ICJ) in a statement on Tuesday.
On January 23, the ICJ ordered Myanmar to ensure that its military or any of its forces stop any physical and mental harms on Rohingyas.
The ICJ also ordered Myanmar not to destroy the evidence of crimes committed against the Rohingyas during a military campaign since August 2017, when some 750,000 Rohingyas fled to Bangladesh.
Some 300,000 Rohingyas fled earlier waves of persecution since the 70s in Rakine State where they have been denied citizenship and basic rights like higher education and healthcare. There are restrictions on their freedom of movement.
A UN Independent Fact-Finding Mission said the crackdown in 2017 by the Myanmar military had genocidal intent, while the UN described it as “a classic example of ethnic cleansing”. Myanmar said there were war crimes during the crackdown, but not genocide.
The Gambia, on behalf of the Organisation of Islamic Conference, filed a case with the World Court in November last year, accusing Myanmar of genocide. In response, the ICJ held hearings from December 10-12.
Explaining the ICJ statement, Prof Mizanur Rahman, expert on international law, said the case filed by The Gambia in November was meant to seek provisional measures.
“The Gambia will now have to file the Memorial with the evidence supporting the allegations of genocide. Initially, The Gambia filed case based on the UN Fact-Finding reports and evidence collected by other human rights bodies,” he told The Daily Star.
Now, The Gambia will have to collect more evidence of genocide. Bangladesh should help the country in this regard, he said.
After Gambia’s filing of the pleadings, the ICJ will send its copy to Myanmar which will then file its arguments, Prof Mizanur said.
“The ICJ will then hold hearings and it may take a few years for the court to deliver its judgement,” he added.
Nay San Lwin, co-founder of Free Rohingya Coalition, told The Daily Star from Germany yesterday: “There should be strong actions against Myanmar so it takes measures to protect the Rohingyas.”
Stay updated on the go with The Daily Star Android & iOS News App. Click here to download it for your device.
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