UN's top court orders Myanmar to protect Rohingya from genocide

Myanmar has been ordered by the United Nations’
highest court to prevent genocidal violence against its Rohingya Muslim
minority and preserve evidence of past attacks.
In a momentous and unanimous decision, the
international court of justice (ICJ) in The Hague ordered Myanmar to carry out
emergency, “provisional” measures, intervening in the country’s domestic
affairs by instructing the government of Aung San Suu Kyi to respect the
requirements of the 1948 genocide convention.
Declaring there was prima facie evidence of breaches
of the convention, the court found the estimated 600,000 Rohingya remaining in
Myanmar were “extremely vulnerable” to violence at the hands of the military.
The ruling amounts to a rejection of Aung San Suu
Kyi’s defence of her country against accusations of systematic human rights
abuses and war crimes during a three-day hearing at the ICJ last month.
The case was brought by the Gambia, a predominantly
Muslim west African state that alleges Myanmar has breached the genocide
convention, which was enacted after the Holocaust.
Thursday’s ruling dealt only with Gambia’s request
for so-called preliminary measures, the equivalent of a restraining order for
states. It gave no indication of the court’s final decision, which could take
years to reach.
In a unanimous ruling by a panel of 17 judges, the
court said Myanmar must take all steps within its power to prevent serious harm
to Rohingya, and report back within four months.
Gambia’s attorney general and justice minister,
Abubacarr Marie Tambadou, told the court in December: “Another genocide is
unfolding right before our eyes yet we do nothing to stop it. This is a stain
on our collective conscience. It’s not only the state of Myanmar that is on
trial here, it’s our collective humanity that is being put on trial.”
The complaint is one of the first attempts to use
the international justice system to help the estimated 730,000 Rohingya
refugees who fled Myanmar after army clearance operations in Rakhine state
during 2017.
Lawyers for the Gambia had called on the ICJ to
impose protective provisional measures to prevent further killings and
destruction in Myanmar. The case was heard by a panel of 17 international
judges, including one each nominated by Myanmar and the Gambia.
Six of Myanmar’s most senior army officers have been
accused of genocide by a UN fact-finding mission and recommended for criminal
prosecution.
Aung San Suu Kyi’s decision to attend the court in
person astounded human rights groups. Once an international icon representing
peaceful defiance of military dictatorship, the 74-year-old has seen her
reputation plummet as she repeatedly defended her country’s army in the aftermath
of the Rohingya exodus.
She urged ICJ judges to dismiss allegations that
Myanmar committed genocide and instead allow the country’s court martial system
to deal with any human rights abuses.
A Myanmar government-appointed panel, the
Independent Commission of Enquiry, said on Monday it had found no evidence of
genocide. Rohingya leaders have branded the report a “whitewash”.
The ICJ only hears cases brought by one state
against another. It has jurisdiction to hear complaints of breaches of the genocide
convention even if the aggrieved state is not directly affected by violence or
refugees.
The court can use its legal powers to impose
provisional measures on member states in relation to their obligations under
the convention.