The International Court of Justice (ICJ):
The ICJ exists by virtue of Chapter XIV of the United Nations Charter.
Article 92 of the Charter states - "The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute, which ..... forms an integral part of the present Charter. The Statute sets out the Organization of the Court (Chapter I), the Competence of the Court (Chapter II), Procedure (Chapter III), Advisory Opinions (Chapter IV) and, finally, Chapter V sets down the process for amending the Statute.
The Statute
- at Chapter III Article 41, states - "
2. Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and to the Security Council.
Gambia v Myanmar:
The case of Gambia v Myanmar commenced on 11 November 2019 and was brought by the Republic of The Gambia against the Republic of the Union of Myanmar. The application to the court includes a request for "provisional measures" under Article 41. Such an application is heard as a matter of urgency and takes priority over other business.
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| ICJ - 10 December 2019 |
Article 92 of the Charter states - "The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute, which ..... forms an integral part of the present Charter. The Statute sets out the Organization of the Court (Chapter I), the Competence of the Court (Chapter II), Procedure (Chapter III), Advisory Opinions (Chapter IV) and, finally, Chapter V sets down the process for amending the Statute.
The Statute
- at Chapter III Article 41, states - "
Article 41
1. The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to preserve the respective rights of either party.2. Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and to the Security Council.
Gambia v Myanmar:
The case of Gambia v Myanmar commenced on 11 November 2019 and was brought by the Republic of The Gambia against the Republic of the Union of Myanmar. The application to the court includes a request for "provisional measures" under Article 41. Such an application is heard as a matter of urgency and takes priority over other business.
Application instituting proceedings and Request for the indication of provisional measures
The application (para 2) sets out the allegations against Myanmar -
"This Application concerns acts adopted, taken and condoned by the Government of Myanmar against members of the Rohingya group, a distinct ethnic, racial and religious group that resides primarily in Myanmar’s Rakhine State. These acts, which include killing, causing serious bodily and mental harm, inflicting conditions that are calculated to bring about physical destruction, imposing measures to prevent births, and forcible transfers, are genocidal in character because they are intended to destroy the Rohingya group in whole or in part. They have been perpetrated in manifest violation of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”). These acts are all attributable to Myanmar, which is thus responsible for committing genocide. Myanmar has also violated other fundamental obligations under the Genocide Convention, including by attempting to commit genocide; conspiring to commit genocide; inciting genocide; complicity in genocide; and failing to prevent and punish genocide." [Link to Convention added].
The hearings on 10 to 12 December concerned the application for provisional measures and may be viewed via the court's website.
International Criminal Court (ICC):
On 14 November 2019, Pre-Trial Chamber III authorised the Prosecutor to proceed with an investigation for the alleged crimes within the ICC's jurisdiction in the Situation in the People's Republic of Bangladesh/Republic of the Union of Myanmar.
This authorisation followed the request to open an investigation submitted on 4 July 2019 by the Prosecutor. The Chamber also received the views on this request by or on behalf of hundreds of thousands of alleged victims.
See ICC website Bangladesh / Myanmar
Links:
UN Human Rights Council - Independent International Fact-finding mission on Myanmar
UN Human Rights Council - Independent Investigative Mechanism for Myanmar
Amnesty International - Mapping Myanmar's Atrocities Against Rohingya
Amnesty International - Mapping Myanmar's Atrocities Against Rohingya
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