‘Important opportunity’: Myanmar Rohingya genocide case to resume

The International Court of Justice (ICJ) is beginning proceedings to hear Myanmar’s preliminary objections to a genocide case brought against it over a brutal 2017 crackdown by the military on the mostly Muslim Rohingya. The proceedings, which start Monday,  have been given added urgency and complicated by the coup that took place in Myanmar a little more than a year ago. The case was filed by The Gambia with the backing of the Organisation for Islamic Cooperation (OIC) after more than 700,000 Rohingya fled into neighbouring Bangladesh amid reports the Myanmar military burned entire villages and carried out “large-scale” killings, gang rape, and other abuses. A United Nations investigation found the crackdown had been carried out with “genocidal intent” and recommended that Commander in Chief Min Aung Hlaing and five generals be prosecuted. In December 2019, then-civilian leader Aung San Suu Kyi travelled to The Hague to lead Myanmar’s defence, but she was removed from office in a coup in February last year by Myanmar’s military, who said their representatives would argue the preliminary objections in court. The National Unity Government (NUG), which includes elected legislators who were removed by the military, announced last week that it was withdrawing the objections and wanted the ICJ to proceed to the merits of the case. It has said UN Ambassador Kyaw Moe Tun, who was appointed by Aung San Suu Kyi’s government and remains in office, is “the only person authorised to engage with the Court on behalf of Myanmar”. The UN General Assembly’s credentials committee in December said Kyaw Moe Tun can remain in his post until it decides who should represent Myanmar. A briefing from Human Rights Watch and Global Justice Center said that the military’s participation at the ICJ hearings would have “no bearing on its recognition at the United Nations” noting that under ICJ rules “[s]tates have no permanent representatives accredited to the court. They normally communicate with the Registrar through their Minister for Foreign Affairs, or their ambassador accredited to the Netherlands”.

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