Judges at the UN’s top court have rejected Myanmar’s preliminary objections in a case alleging the Southeast Asian nation is responsible for genocide against the predominantly Muslim Rohingya minority.
Friday’s ruling clears the way for Gambia’s multi-charge case to be heard at the International Court of Justice (IC), a process that could take years.
Myanmar, now ruled by the military, argued that Gambia, which had brought the case, had no standing to do so at the International Court of Justice.
But presiding judge Joan Donoghue said the court had found that all members of the 1948 Genocide Convention can and must act to prevent genocide and had jurisdiction over the case.
“The Gambia, as a party to the Genocide Convention, has jurisdiction,” she said, reading a summary of the decision. The court will now proceed to consider the merits of the case.
The Burmese Rohingya Organization UK (BROUK) welcomed the court’s decision.
“This decision is a great moment for justice for the Rohingya and for all the people of Burma. This decision shows that there is an opportunity to challenge the impunity of the military,” Tun Khin, president of BROUK, said in a statement. “The objections raised by Burma were nothing more than a clear delay tactic and we are pleased that this remarkable genocide trial can finally begin in earnest.”
Although the court’s rulings are binding and states generally abide by them, it has no way of enforcing them.
In an interim ruling two years ago, the court ordered Myanmar to protect the Rohingya from genocide, a legal victory that established their right under international law as a protected minority.
The Southeast Asian nation was then represented by elected leader and Nobel laureate Aung San Suu Kyi, who was ousted by the military in a February 2021 coup.
“Speed up justice”
A small group of pro-Rohingya protesters gathered outside the court’s headquarters, the Peace Palace, ahead of the ruling with a banner that read: “Speed up justice for the Rohingya. Genocide survivors cannot wait for generations.”
One protester stamped a large photo of Myanmar’s military chief and coup leader, Senior General Min Aung Hlaing.
“Since taking power in a coup last February, the military junta’s violence and criminality have only intensified,” Akila Radhakrishnan, president of the Center for Global Justice, said in a statement.
“Although we have seen strong condemnation and some barefaced measures of accountability from the international community, the people of Myanmar continue to suffer under this brutal regime. And while this case is only one of many paths to justice, resolving it will be an important step toward justice and a sustainable, democratic Myanmar.
Canada and the Netherlands have lent their support to Gambia’s case at the International Court of Justice, and human rights groups say more countries should follow suit.
“Jurisdiction in this case is settled,” Fortify Rights CEO Matthew Smith said in a statement. “The international community must immediately stand behind The Gambia in this case and support other efforts in various mechanisms to hold the Myanmar military accountable for its horrific crimes against the Myanmar people.”
Myanmar’s army launched a so-called clearance campaign in Rakhine state in 2017 after an attack by a Rohingya armed group. More than 700,000 Rohingya have fled to neighboring Bangladesh, and Myanmar’s security forces have been accused of mass rape, murder and burning of thousands of Rohingya homes.
Some Rohingya remained in Rakhine despite the crackdown.
More than 100,000 live in “displacement” camps that Human Rights Watch described as “miserable and abusive” with “severe restrictions” on their movement, education and health care. Amnesty has described the situation of the Rohingya in Rakhine, who are not allowed to leave the state, as apartheid.
US Secretary of State Anthony Blinken announced in March that the Myanmar military’s violence against the Rohingya amounted to genocide.
The International Court of Justice rules on disputes between states and is not affiliated with the International Criminal Court, also based in The Hague, which holds people accountable for atrocities.
Prosecutors at the ICC are investigating alleged crimes committed against the Rohingya.
BROUK has also filed a genocide case in a court in Argentina under the principle of universal jurisdiction, which allows courts to prosecute alleged violations of international law committed anywhere in the world.
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