Myanmar Rohingya genocide case to continue, ICJ asserts jurisdiction
The Hague: The World To research Friday July 22 rejected Burmaobjections to a genocide Case over his treatment of the Rohingya Muslim minority, paving the way for the Case be heard in full.
Burmanow ruled by a military junta that took power in 2021, had argued that The Gambia, which had lodged a complaint, had no standing to do so at the UN summit to researchformerly known as International To research of Justice (ICJ).
But presiding judge Joan Donoghue said all states that had signed the 1948 Genocide Convention can and should act to prevent genocideand the to research had jurisdiction in the Case.
“The Gambia, as a State Party to the genocide agreement, has standing,” she said as she read a summary of the 13-judge panel’s decision.
The to research go now proceed to hear the merits of the Casea process that will take years.
The Gambia took up the Rohingya cause in 2019, backed by the 57-nation Organization of Islamic Cooperation, in a lawsuit seeking to hold Burma responsible and prevent further bloodshed.
Gambian Justice Minister Dawda Jallow told the to researchchamber, he was “very happy” with the decision and was confident the trial would prevail.
The Gambia got involved after his predecessor, Abubacarr Tambadou, a former UN tribunal prosecutor for Rwanda, visited a refugee camp in Bangladesh and said the stories he had heard were of memories of the genocide in Rwanda.
A representative for Burma said the state would do ‘everything possible’ to protect the country’s ‘national interest’ proceedings.
The demonstrators in front of the to researchThe gates hoisted a red banner with the text “Free Burma” and shouted at cars carrying junta officials leaving the building after the decision.
A UN fact-finding mission concluded that a military campaign carried out in 2017 by Burma which drove 730,000 Rohingya to neighboring Bangladesh included “acts of genocide”.
Burma has refuse genocide, dismissing the UN conclusions as “biased and erroneous”. This said its crackdown targeted Rohingya rebels who had carried out attacks.
While the Hague to researchdecisions are binding and countries generally follow them, it has no way to enforce them.
In a 2020 interim decision, he ordered Burma to protect the Rohingya from harm, a legal victory that established their right under international law as a protected minority.
However, Rohingya rights groups and activists say there is has no meaningful attempt to end their systemic persecution.
Rohingyas are still denied citizenship and freedom of movement in Burma. Tens of thousands of people have now been confined to squalid displacement camps for a decade.
Bangladesh’s foreign ministry welcomed the judgment in a statement.
“For the victims living in the camps in Bangladesh as well as in Burmathey see hope that justice will be done for them and that the perpetrators of Burma the military will be held to account,” Ambia Parveen of the European Rohingya Council said outside the to research.
The junta has imprisoned Democratic leader Aung San Suu Kyi, who defended Burma personally at the 2019 hearings in The Hague.