
ICJ orders Myanmar to protect Rohingya
The Hague, Netherlands
International Law
Human Rights
Genocide Prevention
9 min read
Updated By: History Editorial Network (HEN)
Published:
Updated:
On 23/01/2020, the International Court of Justice (ICJ) unanimously ordered Myanmar to implement a set of “provisional measures” aimed at protecting the Rohingya ethnic minority from acts of genocide. The order was issued in the case The Gambia v. Myanmar, which was brought before the court in November 2019 under the Genocide Convention. The decision was delivered at the Peace Palace in The Hague, Netherlands, by a panel of 17 judges.
In its ruling, the court recognized the Rohingya as a protected group under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and stated that members of the community were in a situation of extreme vulnerability. The judges concluded that there was sufficient evidence to justify urgent measures to prevent potential acts of genocide while the broader case continued. The provisional measures are legally binding under international law and were designed to protect the Rohingya population during the ongoing legal proceedings.
The ICJ directed Myanmar to take all necessary steps to prevent acts prohibited under the Genocide Convention, including killing members of the Rohingya group, causing serious bodily or mental harm, and deliberately inflicting conditions of life intended to destroy the group in whole or in part. The court also ordered Myanmar to ensure that its military, as well as any irregular armed groups or organizations under its control, did not commit acts that could amount to genocide against the Rohingya population.
In addition, Myanmar was instructed to preserve evidence related to the allegations of genocide and ensure that no actions were taken that could destroy or conceal potential evidence. The court also required Myanmar to submit regular reports on its compliance with the order, with the first report due within four months of the ruling and subsequent reports required every six months thereafter while the case remains under consideration.
The legal proceedings were initiated by The Gambia, which brought the case on behalf of the Organization of Islamic Cooperation (OIC). The case concerns allegations related to Myanmar’s military operations in Rakhine State beginning in 2017, during which hundreds of thousands of Rohingya fled to neighboring Bangladesh. The provisional measures issued in January 2020 marked the first major judicial order in the case while the ICJ continues to examine the broader allegations under the Genocide Convention.
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Primary Reference
Myanmar Rohingya: World court orders prevention of genocide
