ICJ imposes preliminary measures to prevent Rohingya genocide

[TamilNet, Thursday, 23 January 2020, 23:33 GMT]
In a historic preliminary ruling, the International Court of Justice (ICJ) on Thursday found it had prima facie jurisdiction over the Rohingya genocide case filed by the Gambia. The ICJ, also known as the World Court, instructed Myanmar to take a series of provisional measures to prevent the crimes within the scope of the definition set out in the Genocide Convention and to take effective measures to prevent the destruction of any evidence while the case is pending the final decision. The Theravada-Buddhist Establishments in Myanmar and elsewhere, complicit a prolonged genocide, have to now contend that the genocidal intent of the ideology is going to be scrutinised at the World Court. This is welcome news for Eezham Tamils.

The Court also stated that “any State party to the Genocide Convention, and not only a specially affected State, may invoke the responsibility of another State party with a view to ascertaining the alleged failure to comply with its obligations erga omnes partes, and to bring that failure to an end.”

“The Court concludes that The Gambia has prima facie standing to submit to it the dispute with Myanmar on the basis of alleged violations of obligations under the Genocide Convention.”

“The court concludes that the conditions required by its statute for it to indicate provisional measures are met. It is therefore necessary, pending its final decision, for the court to indicate certain measures in order to protect the rights claimed by The Gambia,” the ruling said.

The Government of Myanmar was quick to reject the finding. “There has been no genocide in Rakhine,” said the Government of Myanmar responding to the preliminary findings and it was citing a recent domestic investigation carried out by what it called “Independent Commission of Enquiry (ICOE)” to counter the ICJ discourse.

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External Links:
Myanmar's Ministry of Information: Press Statement on the decision by the ICJ on ‘provisional measures’ in the case brought by The Gambia against Myanmar



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