Five European countries, together with Canada, try to intervene in a case brought by Gambia to the UN International Court of Justice, accusing Myanmar of genocide against the Rohingya minority.
On Thursday, the International Court of Justice announced that Denmark, France, Germany, the Netherlands and the United Kingdom had joined Canada in making a “declaration of intervention within the case.” Meanwhile, the Maldives also made a separate statement.
The move gives the countries the best to present their legal arguments within the case, which the court ordered will probably be filed in 2019. The case arose in response to international condemnation of the mistreatment of the Rohingya minority, which led to lots of of hundreds fleeing to neighboring Bangladesh during a brutal crackdown the side of the Burmese forces.
The Gambia argued that, along with Burma, they were parties to the 1948 Convention for the Prevention of Genocide and that every one states that had signed the convention had an obligation to make sure its implementation. The Gambia is asking the court to declare that Burma has violated the convention.
Although a hearing within the case has not yet been scheduled, the court found it had jurisdiction.
In 2017, the Myanmar military launched an “operation clearance” in Rakhine State in response to attacks by Rohingya insurgent groups. As a result, greater than 700,000 Rohingya fled to neighboring Bangladesh. Myanmar security forces are accused of involvement in mass rapes, murders and the burning of hundreds of Rohingya homes.
However, Myanmar has denied allegations of genocide and rejected the UN findings as biased and inaccurate. The country argues that it’s targeting Rohingya militant groups allegedly involved in attacks in western Rakhine state.
Last July, the International Court of Justice rejected Myanmar’s objections to opening a genocide case. This decision made it possible to refer the case to court.
In its case with Gambia, Burma unsuccessfully sought to have its case dismissed on the grounds that international courts only have the authority to adjudicate disputes between nations and that Gambia is acting on behalf of the Organization of Islamic Cooperation.
The judges also rejected Myanmar’s argument that Gambia had no right to bring the case since it was indirectly related to events in Myanmar and there was no legal dispute between the 2 countries before the case was filed.
The International Court of Justice has special jurisdiction to resolve disputes between states. It is significant to emphasise that this court has no reference to the International Criminal Court, which can be based in The Hague. The International Criminal Court is liable for prosecuting people for international crimes. ICC prosecutors are currently investigating crimes committed in favor of the Rohingya.
