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Jurist ICJ to begin hearings on Rohingya genocide

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Dadparvar

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Nov 11, 2016
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The International Court of Justice (ICJ) will begin hearings on the merits of the Rohingya Genocide Case on January 12, marking a crucial stage in the process of prescribing legal accountability for the atrocities that have taken place in Myanmar since 2016.

In November 2019, The Gambia requested that the court institute proceedings against Myanmar pursuant to the Convention on the Prevention and Punishment of the Crime of Genocide. Requesters additionally asked the court to implement provisional measures while the case is being heard to protect the Rohingya people.

The court began hearings on the order for provisional measures in December 2019 and officially ordered them in January 2020. The orders direct Myanmar to halt and prevent all genocidal acts against the Rohingya, prevent security forces under their control from committing genocidal acts, and preserve evidence of previous genocidal acts.

Despite these measures, the Rohingya continue to suffer atrocities. Gambia’s application to the court cites multiple reports of sexual violence, arson, and mass killings alleged to have been commissioned by Myanmar. Initiating parties seek reparations to those affected and credible assurances of protection from future atrocities.

To establish that a genocide has taken place under the Genocide Convention, the ICJ must conclude that “genocidal acts were committed with an intent to destroy a national, ethnic, racial, or religious group in whole or in part.”

The Rohingya are a predominantly Muslim ethnic group whom primarily reside in the Rakhine State of Myanmar. They have faced decades of violence and oppression, exacerbated by a military coup that overthrew the sitting government in 2017. The proceeding offers hope to victims and various rights groups that have been documenting the atrocities and providing humanitarian support to the group.

The ICJ is primarily concerned with acts committed since 2016, during which time Myanmar began so-called “clearance operations” against the Rohingya. These operations came with increased violence, statelessness, and led to approximately 750,000 Rohingya fleeing to bordering countries. Since the coup, the Rohingya have faced ongoing oppression both in the Rakhine State and in refugee camps.

Gambia’s case against Myanmar potentially serves as important precedent to other cases pending before the ICJ, particularly a high profile case between South Africa and Israel. South Africa has similarly alleged that Israel’s violence against Palestine amounts to genocidal acts. Similarly, the court has ordered Israel to cease all genocidal acts while the case is pending.

The post ICJ to begin hearings on Rohingya genocide appeared first on JURIST - News.

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