JURIST
Pooja Mehta | Gujarat National Law U., IN
February 22, 2022 09:52:30 am
Pooja Mehta | Gujarat National Law U., IN
February 22, 2022 09:52:30 am
The International Court of Justice (ICJ) Monday began hearing oral arguments
in a case to determine whether Myanmar has violated the Convention on
the Prevention and Punishment of the Crime of Genocide (Genocide
Convention).
The Gambia filed an application instituting proceedings against Myanmar concerning alleged violations of the Genocide Convention on November 11, 2019. The Gambia also filed an application for the indication of provisional measures. In the proceedings that ensued, the court granted certain provisional measures. Myanmar then made preliminary objections to the court’s jurisdiction and the admissibility of the Application.
The Gambia filed an application instituting proceedings against Myanmar concerning alleged violations of the Genocide Convention on November 11, 2019. The Gambia also filed an application for the indication of provisional measures. In the proceedings that ensued, the court granted certain provisional measures. Myanmar then made preliminary objections to the court’s jurisdiction and the admissibility of the Application.
Representatives
of Myanmar raised four objections. They argued that the ICJ lacks
jurisdiction because the applicant is actually the Organisation of
Islamic Cooperation, and, per Article 34, only states may be parties in
cases before the court. Myanmar also questioned the standing of The
Gambia given that the alleged acts of genocide were committed outside
its territory against non-Gambians. Myanmar also objected to the case
pursuant reservations the country made to Article VIII of the Genocide
Convention. Lastly, Myanmar argued that there was no dispute with The
Gambia when the application was submitted.
Since the last public sitting in the case, the composition of the court and the representation of the state parties changed. Notably, the state of Myanmar was represented by the junta in light of the military coup. The Gambia is scheduled to argue before the court on Wednesday.
Since the last public sitting in the case, the composition of the court and the representation of the state parties changed. Notably, the state of Myanmar was represented by the junta in light of the military coup. The Gambia is scheduled to argue before the court on Wednesday.
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