Gambia v. Myanmar case

This cases involves the African nation of Gambia filing a case in the international court of justice asserting that a conflict has occurred between it and Myanmar with regards to the government of Myanmar and how they were not following the convention of on the prevention and punishment of crimes of Genocide” Gambia asserts that acts of the government have resulted in what could only be seen as Genocide of Rohingyas. Both countries ratified this convention in 1941, Article IX of the Genocide Convention explicitly provides that any dispute between states that have agreed to follow the Convention should be resolved by the ICJ. This jurisdictional clause relates to any dispute on the interpretation, application, or fulfilment of the Convention. Gambia seeks that the court declare that Myanmar have violated provisions of this convention and that they cease the acts which are violating the convention. They are also seeking that Mynamar government hold all people who perpetuated these acts be held accountable for their actions and pay reparations to the Rohingya Victims. However, on January 23rd the court did not determine that Myanmar had committed genocide. There remain years’ worth of written submissions and hearings before that issue will be determined. In determining which of the measures proposed by The Gambia to adopt, the Court held that Myanmar must take steps to prevent further genocidal acts by its own forces or by groups or forces acting within its territory over which it has any “control, direction, or influence.” It also held that Myanmar must take steps to preserve any evidence of wrongdoing under the Genocide Convention. The Court required Myanmar to submit a report to the ICJ within four months on the steps it is taking to comply with these orders. The Gambia is entitled to submit comments on Myanmar’s report. The ICJ has released the schedule for both sides to submit their legal briefs addressing the issues on the merits that are in dispute. The Gambia must submit its written memorial by July 23 and Myanmar must submit its response by January 23, 2021.

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