Recently, the global stage has been rife with growing concerns following Gambia’s initiation of a lawsuit against Myanmar at the International Court of Justice (ICJ). The accusation asserts that Myanmar violated the 1948 Genocide Convention through its alleged mass killings of the Rohingya minority in 2017. This unprecedented international legal attempt is spearheaded by Muslim-majority Gambia on behalf of the 57-nation Organisation of Islamic Cooperation. Adding to the intrigue of the case, Aung San Suu Kyi, Myanmar’s State Counsellor and Nobel Peace laureate (awarded in 1990), will be defending her nation in the Hague against these grave accusations.
The 1948 Genocide Convention and Myanmar’s Legal Challenges
Shortly after World War II, in response to the atrocities committed, the Convention on Genocide was adopted in 1948. This came as a United Nations (UN) resolution recognised genocide as an international crime, thereby establishing the national and international responsibility of individual persons and states. Ever since, this convention has been widely accepted and ratified by a majority of States, marking it as one of the first UN conventions addressing humanitarian issues.
Myanmar, under scrutiny for suspected violation of this convention, faces several legal challenges over the fate of the Rohingya. Alongside Gambia’s application at the ICJ, Myanmar is also under the probe of the International Criminal Court (ICC), another war crimes tribunal based in the Hague, and is facing a lawsuit in Argentina.
The International Criminal Court (ICC)
The ICC is governed by an international treaty known as ‘The Rome Statute’ which was adopted in 1998. It is notable for being the world’s first permanent international criminal court with headquarters established in the Hague, Netherlands.
The International Court of Justice (ICJ)
The ICJ, where Gambia has filed its application, was established in 1945 by the United Nations charter and started working in April 1946. It holds the prestigious position of being the principal judicial organ of the United Nations. The court is situated at the Peace Palace in the Hague, Netherlands.
| Name | Year of Establishment | Headquarter |
|---|---|---|
| The International Criminal Court (ICC) | 1998 | Hague, Netherlands |
| The International Court of Justice (ICJ) | 1945 | Hague, Netherlands |
The Organisation of Islamic Cooperation (OIC)
In the wake of a summit in Rabat, the Kingdom of Morocco on 25 September 1969, the Organisation of Islamic Cooperation (OIC) was formed. Standing as one of the largest inter-governmental organizations in the world, the OIC boasts headquarters in Jeddah, Saudi Arabia and a network of 57 member states and 12 observers, including the United Nations. Currently, it is the OIC that stands behind Gambia as it files its application against Myanmar in the ICJ.