Friday, December 4, 2020

ICJ Unanimously Orders Myanmar To Stop The Genocide

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The Republic of The Gambia has welcomed the unanimous decision of the International Court of Justice at The Hague on Thursday January 23rd 2020, ordering provisional measures to prevent further acts of genocide from occurring in Myanmar.

The Court’s unanimous Order approves provisional measures requested by The Gambia and recognizes the reality that the Rohingya who remain in Myanmar, are at risk of ongoing genocidal acts, and that they need the urgent protection of the Court during the pendency of the case against Myanmar.

Specifically, the Court unanimously ordered Myanmar and all entities under its control, to take all measures within its powers to prevent the commission of all acts of genocide against the Rohingya, including killings, causing serious bodily or mental harm, inflicting conditions of life calculated to bring about their physical destruction and measures to prevent births. The Court also ordered Myanmar to ensure the preservation of all evidence related to the allegations of the crime of genocide.

Further, the Court ordered Myanmar to report to the Court after four months and then every six months thereafter, on its compliance with the Order. The Court rejected wholesale Myanmar’s request for the Court to dismiss The Gambia’s case against Myanmar and strike it from the Court’s docket.

These provisional measures are binding under International Law and The Gambia fully expects Myanmar to comply with them.

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The Gambia welcomes the Court’s notification of its Order of provisional measures to the United Nations Security Council, pursuant to Article 41 (2) of the Court’s Statute. The Gambia calls upon the UN Security Council to fulfill its role in ensuring compliance with the Court’s Order.

While these measures offer some interim protection for the Rohingyas, The Gambia looks forward to pursuing its case against Myanmar to a final Judgment of the Court on the merits and on damages.

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