The International Court of Justice (ICJ), which operates under the United Nations General Assembly, is the world’s highest court for resolving international disputes between countries. Recently, it made headlines after rejecting an appeal made by Myanmar’s ruling junta for more time to respond to accusations of breaching the International Genocide Convention. This case relates to the atrocities inflicted upon the Rohingya population by the Myanmar military during “clearing” operations in 2017.
The Background: History of Unrest in Myanmar
Myanmar, a nation located in the Southeast Asian region, attained its independence from British rule in 1948. The country was then predominantly controlled by the military from 1962 till 2011. In the early 2010s, the ruling regime embarked on a mission to transition the country towards a democratic form of government. The National League for Democracy (NLD) emerged victorious in the 2015 elections, the first free and multi-party election held in the country. However, despite this progress, the military retained significant power.
Recent Military Coup and Its Impact
In November 2020, the NLD once again secured the majority of seats in the parliamentary elections. However, the military, who holds a quarter of the total seats as per Myanmar’s constitution, overthrew the democratically elected government alleging voter fraud and imposed a state of emergency. The UN raised concerns about this development, highlighting the impact on the economy, human rights, and the high number of detentions following the coup.
The Plight of the Rohingya Community
The Rohingya people, a minority group in Myanmar, have faced violence and displacement, particularly during an outbreak of violence in August 2017 that forced hundreds of thousands to flee their homes. The community has also been isolated from the pro-democracy movement in Myanmar, which is facing its own set of challenges. In 2020, the ICJ ordered Myanmar to enact measures to prevent the genocide of the Rohingya people.
India’s Perspective on the Myanmar Crisis
India, being Myanmar’s neighbour, has expressed concern over the human rights situation in the country, especially towards the Rohingya crisis. While advocating for a peaceful resolution and accountability for human rights violations, India maintains that cutting off ties with the Myanmar military is not a practical solution considering India’s strategic and economic interests in the region.
Understanding the International Genocide Convention
The International Genocide Convention, adopted by the United Nations General Assembly on December 9, 1948, defines genocide as a crime both during peace and war times and mandates the prevention and punishment of genocide by state parties. The convention’s definition of genocide has been widely recognized at national and international levels, including by the International Criminal Court. India is one of the signatories of this convention.
The Significance of Understanding the Case
This case not only brings international attention to the plight of the Rohingya and the political instability in Myanmar, but also underscores the importance of international law and organizations like the ICJ in maintaining global peace and justice. It brings to light the significance of the International Genocide Convention and promotes the importance of countries abiding by their international commitments to protect human rights.
