6 Notably, Myanmar argued that “it is the right of an injured State to decide if, and eventually how, to invoke the responsibility of another State, … When they emerged, the women saw bodies of men and boys who had been piled up and burned using hay, harvested rice and shirts removed from the victims. They live predominately in Rakhine state, where they have co-existed uneasily alongside Buddhists for decades. Violence broke out in northern Rakhine state in August 2017, when militants attacked government forces. But a challenge remains here: how can Myanmar stop actions they don’t acknowledge as genocide denial? The prosecutor of the international criminal court (ICC), also in The Hague, has already opened a preliminary investigation against Myanmar. And the Rohingya people’s continuing refusal to go back is only testament to the lack of security for them in Myanmar. The Gambia, with the full support of the 57-member Organization for Islamic Cooperation (OIC), filed the case at the … The submission records that “in the early hours of 9 October 2016, a small number of Rohingya, armed mainly with sticks, knives and a few firearms, reacting to Myanmar’s persecution of the group, attacked three border guard police posts in northern Rakhine state”. Would you consider a $20.00 contribution today that will help to keep the IPS news wire active? fled to neighbouring Bangladesh for refuge, sparking one of the more dire refugee crises of the decade. US Support for Vaccine Waiver Welcome, but More Needed. “[The] main thing we’re asking for is final judgment…in the interim to prevent further irreparable harm.”. Myanmar is to face accusations of genocide at the UN’s highest court over its treatment of Rohingya Muslims. During these operations, the Gambian submission says, troops “systematically shot, killed, forcibly disappeared, raped, gang-raped, sexually assaulted, detained, beat and tortured Rohingya civilians, and burned down and destroyed Rohingya homes, mosques, madrassas, shops and Qur’ans”. The international community should no longer have illusions where Suu Kyi and the civilian government stand and must act to support the Gambia and take other measures to hold Myanmar accountable.”. Because the country has not signed up to the court, however, the claim relies on more complex legal basis that the alleged crime of deportation of hundreds of thousands of Rohingya refugees partially took place inside neighbouring Bangladesh, which is a member of the ICC. Credit: IPS. The application has been drafted with the help of Prof Philippe Sands QC, who has written a book tracing the origins of the genocide convention. In a highly unusual move, the tiny West African nation of The Gambia on Monday filed a lawsuit against Myanmar, accusing it of perpetrating a genocide on ethnic Rohingya Muslims which forced hundreds of thousands to flee the Asian nation. 6. The Rohingya are an ethnic and religious minority in Myanmar who have long faced discrimination and … against Myanmar in the International Court of Justice for the southeast asian country’s atrocities against the Rohingya population. “The genocidal acts committed during these operations were intended to destroy the Rohingya as a group … by the use of mass murder, rape and other forms of sexual violence, as well as the systematic destruction by fire of their villages, often with inhabitants locked inside burning houses,” it says. In response, security forces supported by Buddhist militia launched a “clearance operation” that  ultimately killed at least 1,000 people and forced more than 600,000 to flee their homes. UNITED NATIONS, Dec 3 2019 (IPS) - On Nov. 11, the Gambia filed a lawsuit against Myanmar in the International Court of Justice for the southeast asian country’s atrocities against the Rohingya population. On Nov. 11, the Gambia filed a lawsuit against Myanmar in the International Court of Justice for the southeast asian country’s atrocities against the Rohingya population. The Rohingya are reviled by many in Myanmar as illegal immigrants and suffer from systematic discrimination. The 600,000 Rohingya who remain in Myanmar are said to be in “real and significant danger” of further genocidal acts. Myanmar argued before the ICJ that Bangladesh, not Gambia, has standing to sue under the Genocide Convention, as it is Bangladesh that is directly experiencing the effects of a vast exodus of Rohingya fleeing from Myanmar. Its attorney general, Abubacarr Marie Tambadou, previously served as a special assistant to the prosecutor at the international criminal tribunal for Rwanda. since 1946/47 probably in Rip Van Winkle Land – were they never made aware what their Muslim Brothers in Yakhine State were up to – when Myanmar was still a British Colony: The Gambia, with the full … Myanmar should in fact today adopt the Malaysian Bumiputera Policy and apply it to the Muslims of Yakhine State in particular??? Myanmar is to face accusations of genocide at the UN’s highest court over its treatment of Rohingya Muslims. On 18 May 2020, The Court issued an extension for The Gambia's memorial and set a filing deadline of 23 October 2020. Will the UN hold Myanmar’s Military Accountable for Its Crimes against Children? “The Gambia will be asking the court to order Myanmar to cease all acts of genocide against the Rohingya.”. Myanmar was involved in the crimes, which was proved by another defensive statement by Myanmar’s lawyer Stoker: The Gambia has no right to sue Myanmar even if a crime has occurred. “The court will be acutely aware of its responsibilities, [and] will surely wish to live up to them in ensuring the fullest possible protection of individuals and groups.”. Rohingya after they fled Myanmar in 2017 arrive at Shahparir Dip in Teknaf, Bangladesh. Tambadou, who qualified as a barrister in the UK, said he wanted to “send a clear message to Myanmar and to the rest of the international community that the world must not stand by and do nothing in the face of terrible atrocities that are occurring around us. About 95% of the Gambia’s population is Muslim, and its role was welcomed by human rights groups. A 46-page application has been submitted to the international court of justice by the Gambia, alleging Myanmar has carried out mass murder, rape and destruction of communities in Rakhine state. Under the rules of the ICJ, the application argues, member states can bring actions against other member states over disputes alleging breaches of international law – in this case the 1948 convention on the prevention and punishment of the crime of genocide. The Gambia is calling for punishment for those responsible, compensation for the victims and an immediate end to attacks. It is being supported by other Muslim states. 1946/47 Mr Abdul Gaffar MP Maungdaw – submitted a letter to the then Govt. Shortly afterwards, Myanmar’s military forces began “clearance operations”. Credit: IPS. Gambia is all set to take Myanmar to the International Court of Justice (ICJ) to face charges of genocide against its Rohingya minority. Existence of a dispute relating to the … But she has been accused of standing by while violence is committed against the Rohingya. raising the voices of the South and civil society on issues of development, globalisation, human rights and the environment One of the key things being asked in the lawsuit is the request for provisional measures that would require the Myanmar government, on a basis of “extreme urgency”, to set a hearing date for Myanmar government to “restrain certain conduct” by Myanmar that’s enabling the genocide, Paul Reichler, head of Foley Hoag, the law firm, Within a few days of the lawsuit being filed by the Gambia, a lawsuit was filed, against leaders in Myanmar, including Aung San Suu Kyi, who is the first Nobel peace laureate to face, Suu Kyi, however, has not budged from her position. She continues to justify the torture of Rohingyas while branding them as, In the aftermath of the lawsuit, her government has. The UN’s top human rights official said the military’s response was "clearly disproportionate” to insurgent attacks and warned that Myanmar’s treatment of its Rohingya minority appears to be a "textbook example” of ethnic cleansing. What of the innocent civilian 45 Ghanaians shot by his country for no reason.What is the Gambian justice minister saying about it.Or is it because 45 Ghanaians were not Muslims like him or what? Some were tied to trees and burned alive, it is alleged. Radhakrishnan pointed out that even though the lawsuit may be “far away” from when the crisis began, the continued fear of Rohingyas to return to their home shows how deeply the crisis persists. “It’s the same forces [that] remain in Rakhine state, they remain kind of [as a] part of the military with no punishment. Application seeks punishment for culprits, compensation for victims and end to attacks, First published on Mon 11 Nov 2019 10.34 GMT. “No one has been held accountable,” Akila Radhakrishnan, President of Global Justice Center (GJC), told IPS. In the aftermath of the lawsuit, her government has set up a legal unit while she aims to lead the country’s defence at the ICJ, with a hearing expected on Dec. 10. requesting that the 400,000 India Muslims of Yakhine State be referred to as ROHINGYAS and not INDIAN MUSLIMS that they were registered under in the British Burma Census.The request was turned down. The Gambia, a member of the Organisation of Islamic Cooperation, has taken the legal lead in drafting the claim against Myanmar. Rohingya refugees at a camp in Bangladesh. In 2019, judges at the international criminal court authorised a full-scale investigation into the allegations of mass persecution and crimes against humanity. Suu Kyi, however, has not budged from her position. The Court issued a procedural order on the same date, setting filing deadlines of 23 July 2020 for The Gambia's Memorial, and 25 January 2021 for Myanmar's responsive Counter-Memorial. The Gambia has filed a case at the United Nations’ top court accusing Myanmar of committing genocide against the Rohingya minority. Related IPS Articles Copyright © 2021 IPS-Inter Press Service. The fact that the complainant was Gambia, mainland Africa's … In case Myanmar does not comply with the requirements of the lawsuit, Reichler says the court can take further actions or the international community “can react with political measures”. Gambia Sues Myanmar for Genocide Against Rohingya Muslims. And the Rohingya people’s continuing refusal to go back is only testament to the lack of security for them in Myanmar. An initial hearing is expected at the ICJ in December. Little Hope of Justice for Rohingya, Two Years after Exodus, With Poor Human Rights Record, Repatriation Not Possible, Damning U.N. Report Outlines Crimes Against Rohingya As Children Suffer from Trauma One Year Later, United Nations Office for the Coordination of Humanitarian Affairs, COVID-19 Brings Fresh Challenges to Nigeria’s Leprosy-affected, Biogas in Argentina: Turning an Environmental Problem into a Solution, Kenya’s Dryland Farmers Embrace Regenerative Farming to Brave Tough Climate, India Under Siege From Covid-19: The Worst Yet to Come. IPS is an international communication institution with a global news agency at its core, Any time spent on the Myanmar case is less time spent on our pressing needs given all our limitations. As a matter of correctness – it is the Muslim Leaders and their followers that should be on Trial for Treason/Genocide/Rape/Damage of State Property. on: November 12, 2019. “Aung San Suu Kyi and the civilian government failed to act against genocide in Rakhine State with any level of urgency and have taken no steps to hold the military to account,” Radhakrishnan said in a statement for Suu Kyi’s announcement. “I think there’s a recognition of the impossibility of the return of the Rohingya, a solution to the humanitarian crisis,” she said, adding that the lawsuit will push for the Myanmar government to take actions that focus on changing the laws and policies that enabled the genocide. 8. “No one has been held accountable,” Akila Radhakrishnan, President of Global Justice Center (GJC), told IPS. “It’s the same forces [that] remain in Rakhine state, they remain kind of [as a] part of the military with no punishment. Described as the world’s most persecuted people, 1.1 million Rohingya people live in Myanmar. Peter Dejong/AP Gambia's Justice Minister Aboubacarr Tambadou waits for judges to enter the International Court in The Hague, Netherlands, Jan. … The minister who is seen by many as the man who reforms Gambia’s justice sector resigned for a job in the United Nations. The Gambia and Myanmar are parties to the Genocide Convention. 4. where has so many so called ROHINGYAS appeared from out of the BLUE once again a reminder to the GAMBIA and the OIC, – remember the 1971 Bangladesh War of Liberation, where 2 Muslims ( Urdu Speaking & Bengali Speaking) – one committing GENOCIDE/FRATRICIDE/RAPING on a fellow Muslim – as a consequence of which more than 500,000 Bangladeshi Muslims crossed the borders into Yakhine State and took refuge there – these Bangladeshi Refugees, their descendants/dependents today estimated at 1,200,000 have been in Yakhine Sate fro the past 46 years as unwanted guests. A statement released Monday by lawyers for Gambia says the case also asks the International Court of Justice to order measures "to stop Myanmar's genocidal conduct … “The court may wish to define what kind of acts should be stopped so the order makes clear what Myanmar is prohibited from doing,” Reichler said. Gambia filed a case Monday at the United Nations’ highest court accusing Myanmar of genocide in its campaign against the Rohingya Muslim minority. It is a shame for our generation that we do nothing while genocide is unfolding right before our own eyes.”. Gambia will be filing a case against Myanmar to the International Court of Justice to face charges of genocide against its minority Rohingya community in the Asian country, Attorney General and Minister for Justice Abubacarr Tambadou announced at a conclave at the Hague. The Gambia acceded to the Convention on 29 December 1978, without entering any reservation. This story includes downloadable print-quality images -- Copyright IPS, to be used exclusively with this story. The small west African country of the Gambia has lodged a suit at the International Court of Justice against Myanmar for committing a genocide against the Rohingya people. (SOUNDBITE) (English) GAMBIA'S JUSTICE MINISTER, ABUBACARR TAMBADOU, SAYING: "We know too well how it feels like to be unable to tell your story to the world, to be unable to share your pain in the hope that someone out there will hear … She continues to justify the torture of Rohingyas while branding them as “terrorists” owing to a 2017 attack that sparked the most recent exodus. Since the departure of its former dictator in January 2017, The Gambia … On Nov. 11, the Gambia filed a lawsuit against Myanmar in the International Court of Justice for the southeast asian country’s atrocities against the Rohingya population. Members of Myanmar’s military were the “prime operatives” behind a “systematic campaign on Facebook” that targeted the Rohingya, the submission says. Myanmar has always held that their security forces were fighting armed militants, and no genocide ever happened there. UNITED NATIONS, Dec 3 2019 (IPS) - On Nov. 11, the Gambia filed a lawsuit against Myanmar in the International Court of Justice for the southeast asian country’s atrocities against the Rohingya population. 1. “Now, they are going to defend the military and government’s genocidal actions on one of the world’s largest and most influential stages. If the ICJ takes up the case, it will be the first time the court in The Hague has investigated genocide claims on its own without relying on the findings of other tribunals, such as the international criminal tribunal for the former Yugoslavia, which it consulted for claims against Serbia and Croatia. Resignation of a Minister was uncommon during the “Jammeh administration,” as some top government officials would prefer to flee out of the Country than to tender resignation. while she aims to lead the country’s defence at the ICJ, with a hearing expected on Dec. 10. Myanmar deposited its instrument of ratification on 14 March 1956, without entering a reservation to Article IX, but making reservations to Articles VI and VIII. - Terms & Conditions. Myanmar stands accused of violating the genocide convention. The international community watched closely as legal counsel for Gambia and Myanmar argued their cases for and against the preliminary measures over three days, from December 10 to 12, 2019. The Myanmar government treats them as stateless people, denying them citizenship. Within a few days of the lawsuit being filed by the Gambia, a lawsuit was filed by Argentina against leaders in Myanmar, including Aung San Suu Kyi, who is the first Nobel peace laureate to face such legal charges. 2. at about the period, the Muslim Leaders of Yakhine Sate petitioned Mr. Ali Jinnah of Pakistan to incorporate the Muslim Majority regions of Yakhine Sate within the then East Pakistan (todays Bangladesh) ‘ TO BE WITH THEIR MUSLIM BROTHERS” the petition was turned down by Pakistan. The Gambia, an African nation located more than 11,500 kilometers from Myanmar, filed a case at the ICJ claiming that a conflict exists between it and Myanmar regarding the interpretation and application of the Convention based on how the government of Myanmar was treating the Rohingya population, which the Gambia claimed rose to the level of genocidal acts. He was instrumental in encouraging the Organisation of Islamic Cooperation to support the case against Myanmar. 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