Myanmar have been ordered by the top court of the United Nations to cease the commission of genocide on the Rohingya, a predominantly ethnic Muslim group situated in Myanmar.
What We Know:
- In brief, the International Court of Justice (ICJ) delivered its order January 23, 2020 on the request for provisional measures, a request, tendered on behalf of the Rohingya by the Republic of The Gambia. The application was filed under the Convention on the Provision and Punishment of the Crime of Genocide (Genocide Convention).
- The Court refused Myanmar’s claim that no variances existed between the parties; Myanmar proposed the Gambia served as a representative for the Organisation of Islamic Cooperation. The Court recognized that just because Gambia acquired the support of other States and International organizations in obtaining the Court’s attention, it does not excuse the presence of a dispute between the parties concerning the Convention impossible.
- Furthermore, after World War II, the Genocide Convention treaty, stressed the importance of human rights and International crime laws. Its adoption ascertained the obligation to take measures to prevent and punish the crime of genocide.
- Also, a press release from ICJ appended resolution 73/264 (established by the General Assembly), proxied resolutions on the provision of human rights in Myanmar. The General Assembly adopted the resolution on Dec. 22, 2018. The ICJ referred to the acting resolution to condemn the widespread and systematic crimes committed by Myanmar forces against the Rohingya.
- The Republic of the Union of Myanmar must submit a report within four months. The report will specify the measures taken to give effect to the Court’s orders.
- According to BBC, in August 2017, Myanmar violently forced the Rohingya Muslims to flee across the border into Bangladesh. Myanmar militants killed at least 6,700 Rohingya and at least 730 children under the age of five. BBC also reported that Myanmar militants raped and abused Rohingya women and girls.
The ICJ does not have the authority to enforce its decision. The Court’s orders transfer to the UN Security Council, which could decide to enact provisional measures; provisional measures are called upon only if Myanmar refused to comply with the Court’s order.
