Genocide in Myanmar: Will Rohingyas get justice in ICJ.

Byline: Asad Ali

ON 11 November 2019 The Gambia filed a lawsuit against Myanmar in the International Court of Justice (ICJ) at The Hague alleging that Myanmar's brutalities against the Rohingyas violate various provisions of the Convention on the Prevention and Punishment of the Crime of Genocide (1948) and requested to take the provisional measures to protect Rohingyas life and property. The case is 'state-to-state' litigation between UN member states governed by legal provisions in the UN Charter, the ICJ Statute, and the Genocide Convention. Both The Gambia and Myanmar are signatory to the ICJ Statute. The jurisdiction of International Court of Justice (ICJ) is only to the crime of genocide. The other crimes like crimes of war and crimes against humanity fall under the jurisdiction of International Criminal Court (ICC). This was the first time when a country, which is not directly involved or victim, filed a case against the other country. No other big country or the champions of human rights nation had the moral courage to file the case because most are concerned about protecting their investments and national interests in Myanmar.

Within a few days of the lawsuit filed by The Gambia, a lawsuit was filed by Argentina against leaders in Myanmar, including Aung San Suu Kyi, who is the first Nobel Peace Laureate to face legal charges. The State Counsellor of Myanmar Aung San Suu Kyi continues to justify the torture of Rohingyas while branding them as 'terrorists'.

The lawsuit by The Gambia is being led by Attorney General and Minister of Justice of The Gambia, Abubacarr Tambadou, who decided to pursue actions after a recent visit to Cox's Bazaar in Bangladesh, a region where about one million Rohingya refugees are living in camps. According to United Nations Office for the Coordination of Humanitarian Affairs it is the world's biggest refugee camp. Since 2016, the military of Myanmar with the help of local Buddhists killed more than 24000 Rohingyas and destroyed about three hundred villages in Rakhine State (the area with the majority of Rohingya Muslims).

The State Counsellor of Myanmar Aung San Suu Kyi appeared in the court and requested to dismiss the case and...