Issued on: 21/02/2022 – 17:51
Banjul dragged Myanmar prior to the International Court of Justice in 2019, implicating the predominantly Buddhist nation of genocide versus the Rohingya Muslim minority after a bloody 2017 military crackdown.When the case opened in December 2019 Aung San Suu Kyi personally represented Myanmar at the Hague-based ICJ, but she was ousted as the Asian nations civilian leader in a military coup last year.The Nobel peace laureate, who dealt with criticism from rights groups for her participation in the event, is now under home arrest and on trial by the very same generals she safeguarded in The Hague.” Myanmar is … not seeking to hinder the judicial procedure of the court,” its representative Ko Hlaing informed the judges in the enforcing courtroom at the Peace Palace in The Hague.” On the contrary it is seeking to respond to the appropriate administration of justice,” Myanmars international cooperation minister said.Both Hlaing, who was in court and Myanmars attorney general Thida Oo, who was attending practically, have been hit with US sanctions over the coup. Proxy applicant Christopher Staker, another lawyer for Myanmar, stated the ICJ did not have the jurisdiction because it was not a case brought by two states, as required by the ICJs statutes.” The court does not have jurisdiction and … the application is inadmissible since the real candidate in these proceedings is the Organisation of Islamic Cooperation,” Staker said.He accused The Gambia of “not acting in it own rights … but stepping in on behalf … of the OIC,” describing the 57-member body that was set up in 1969 to represent global Muslim interests.Staker said it was just after the OIC proposed that the case must be brought versus Myanmar at the ICJ that The Gambia accepted advance, not the other method around.Set up after World War II, the ICJ guidelines in disputes between states, and bases its findings mainly on international treaties and conventions.” The OIC is an international organisation, not a state,” Staker mentioned.” It can not be possible for a worldwide organisation to bring a case before the court by using a state as a proxy applicant,” Staker said, including “The Gambia has never ever objected to this.” The ICJ made a provisionary order in January 2020 that Myanmar should take “all measures” to prevent the supposed genocide of the Rohingya while the years-long proceedings are under way.The ICJs judgments are binding, however the court has no genuine means to enforce them.Bloody crackdownThe Gambia will make its counter-arguments on Wednesday.Around 850,000 Rohingya are suffering in camps in neighbouring Bangladesh while another 600,000 Rohingya remain in Myanmars southwestern Rakhine state.The Rohingya case at the ICJ has actually been complicated by the coup that ousted Suu Kyi and her civilian government and triggered mass demonstrations and a bloody military crackdown. More than 1,500 civilians have been killed, according to a local monitoring group.Suu Kyi now deals with trial herself in Myanmar on a raft of charges that could see her imprisoned for more than 150 years.Ahead of the hearing, the shadow “National Unity Government” dominated by legislators from Suu Kyis ousted celebration stated it, not the junta, “is the proper agent of Myanmar at the ICJ in the event”. It also declines Myanmars initial objections, saying the hearings for these need to be cancelled and the court must rapidly come down to the hearing of the substantive case.The NUG holds no area and has actually not been recognised by any foreign federal government, and has been declared a “terrorist” organisation by the junta.The Gambia accuses Myanmar of breaching the 1948 UN genocide convention.Banjul says its case is backed by the 57-nation OIC, Canada and the Netherlands.( AFP).
Banjul dragged Myanmar before the International Court of Justice in 2019, accusing the primarily Buddhist nation of genocide versus the Rohingya Muslim minority after a bloody 2017 military crackdown.When the case opened in December 2019 Aung San Suu Kyi personally represented Myanmar at the Hague-based ICJ, however she was ousted as the Asian countrys civilian leader in a military coup last year.The Nobel peace laureate, who dealt with criticism from rights groups for her involvement in the case, is now under home arrest and on trial by the exact same generals she safeguarded in The Hague.” The ICJ made a provisionary order in January 2020 that Myanmar need to take “all measures” to avoid the supposed genocide of the Rohingya while the years-long proceedings are under way.The ICJs judgments are binding, however the court has no genuine methods to implement them.Bloody crackdownThe Gambia will make its counter-arguments on Wednesday.Around 850,000 Rohingya are languishing in camps in neighbouring Bangladesh while another 600,000 Rohingya remain in Myanmars southwestern Rakhine state.The Rohingya case at the ICJ has been made complex by the coup that ousted Suu Kyi and her civilian government and triggered mass protests and a bloody military crackdown. More than 1,500 civilians have actually been killed, according to a regional monitoring group.Suu Kyi now deals with trial herself in Myanmar on a raft of charges that might see her jailed for more than 150 years.Ahead of the hearing, the shadow “National Unity Government” dominated by lawmakers from Suu Kyis ousted party said it, not the junta, “is the correct representative of Myanmar at the ICJ in the case”.
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Myanmar struck out Monday at a genocide case brought against it by The Gambia for alleged persecution of Rohingya Muslims, urging the UNs highest court to drop the claim on legal premises.
