In August 2017, a deadly crackdown by Myanmar’s army on Rohingya Muslims sent thousands to flee across the border to Bangladesh. At least 6,700 Rohingya, which included at least 730 children under five years old, were killed in the month after the violence had broke out. Myanmar military also raped and abused Rohingya women and girls. Security forces have also been accused of burning down thousands of homes.
The case against Myanmar was brought to the International Court of Justice (ICJ)in November 2019 by The Gambia which was on behalf of the Organization of Islamic Cooperation. It was argued that mainly Muslim Rohingya were subject to genocide. Last December, Ms Aung San Suu Kyli, who is Myanmar’s de facto leader, testified at the start of the court proceedings described the case as “incomplete and misleading factual picture of events in the Rakhine state”. She had reiterated on previous arguments to the International Court of Justice that any alleged crimes against the Rohingya were not genocide and should be dealt by Myanmar itself.
A controversial report by the Government in Myanmar found no evidence of systematic violence against Rohingya, but the country had refused to allow the UN or outside organisations to conduct independent investigations.
More than half a million Rohingya are still believed to be living in Myanmar’s northern Rakhine province. UN investigators have warned of a serious risk of genocidal actions reoccurring.
INTERNATIONAL RESPONSE
In 2018, Myanmar faced international condemnation for military atrocities against the Rohingya. In June of that year, the European Union and Canada sanctioned seven military officials for their involvement in the Rakhine State operations. The United States also imposed financial and travel sanctions against four security force commanders and two military units.
INTERNATIONAL COURT OF JUSTICE RULING
The United Nations has ordered Myanmar to prevent genocidal violence against the Rohingya Muslim minority. The International Court of Justice, imposed “provisional measures on the country” and the court has warned that the estimated 600,000 Rohingya who are remaining in Myanmar were extremely vulnerable to military attacks. The panel which consisted of 17 judges unanimously voted to order Myanmar to take “all measures within its powers” to prevent the genocide, which the Rohingya are still in serious risk of.
The ICJ’S orders are binding in Myanmar as legal obligations are created which must be enforced. The provisional measures which are imposed by the court require the government to ensure that the military and police forces do not commit genocide, and evidence of genocidal acts should be preserved and the compliance has to be reported back within four months. The UN security council are automatically sent the orders and Myanmar’s response will be assessed. The ruling against Myanmar by the United Nations will increase international pressure on the country to protect the Muslim Rohingya minority.
Tun Khin, the President of the Burmese Rohingya Organisation UK stated the ruling by the ICJ “is a crucial moment for Rohingya Justice, and vindication for those of us who have lived through this genocide for decades”. Param Preet Singh who is the associate international justice director of New-York- based Human Rights Watch stated that the ICJ order to Myanmar is a “landmark step to stop further atrocities against one of the world’s most persecuted people”.
Myanmar has responded defiantly to the court ruling. The country’s Minster of Foreign Affairs stated that there is a “distorted picture of the situation”.
Shivani is currently studying the LPC at the University of Law. She thoroughly enjoyed studying international human rights law during her final year at university and hopes to pursue a career in this field.