Military Junta representing Myanmar at the ICJ
The International Court of Justice (ICJ) has recommenced The Gambia v Myanmar case hearing. It has approved the military junta government to represent the case on behalf of Myanmar. The representation has longterm effects and several implications, specially in the context of the Rohingya repatriation. The instance of the ICJ by approving military junta agent at the court clashes with United Nations General Assembly's recognition of the National Unity Government (NUG), elected by the people of Myanmar. On a different note, NUG had pleaded to withdraw the preliminary objections forwarded by Myanmar's defense lawyers in the first hearing. They were ready to accept the jurisdiction of the ICJ and Gambia as an applicant in this case. Their acceptance would expedite the proceeding. The ICJ lacked clairvoyance and brought complications to the future procedure by approving military junta to represent the case. The ICJ set the fox to look after the geese. After the first hearing, the court asked to prevent genocidal violence against the Rohingyas. The military junta did not comply with the provisional measures forwarded, but the right to movement and other fundamental rights were retained. Allegedly 6,00,000 Rohingyas reside in Rakhine without proper food, medicine, and different fundamental needs. At the same time, approximately 1,30,000 Rohingyas live in open-air detention camps. The military junta administration continuously denies humanitarian assistance to these Rohingyas of Central Rakhine by violating provisional measures. The ICJ defended this major mistake by saying it has no permanent country representatives. Anybody can represent through the Minister of Foreign Affairs or Ambassador by communicating with Registrar at the ICJ. Article 42 of the ICJ Statute directs that agents shall represent a state through the assistance of counsels or advocates. But the ICJ also says a government must appoint the agent at the court. However, there is no intelligible interpretation of what government would refer to. We can understand government as legally elected or illegal military power for this discussion. According to the previous representations by different states at the ICJ, we might say the government would refer to legal governments. Also, there is no sign of legality in Myanmar's military junta as they have taken over power through illegal force by disrupting democracy.
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