Current Developments

“Play it once, Sam. For old times’ sake”

Legal fragmentation in the context of the Rohingya proceedings before the ICJ and ICC

The parallelism of different international proceedings examining atrocity crimes committed against the Rohingya in Myanmar has been welcomed by many commentators. Indeed, international law (IL) appears to be showing its strength, pursuing individual as well as state responsibility for the repelling wrongdoings committed against the Muslim group of Rakhine State. Nonetheless, the International Court of Justice (ICJ) and the International Criminal Court (ICC) simultaneously dealing with legal questions embedded in …

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Current Developments

And the victims’ voices?

On the ICJ’s provisional measures in the Myanmar genocide case and the role of the IIMM

On January 23, the International Court of Justice (ICJ) unanimously issued its provisional measures order for the case of the Rohingya. Even though the international community has welcomed the indication of provisional measures as a step towards accountability for the heinous crimes committed against the religious minority, the importance of this order should not be overestimated. “There were so many bodies and so much blood in the river, it looked …

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BofaxeCurrent Developments

All eyes on the Court

On the ICJ hearings on provisional measures in The Gambia v. Myanmar

Whilst Myanmar’s treatment of the Rohingya minority has long been subject to public scrutiny, in November news broke that The Gambia instituted proceedings against Myanmar before the International Court of Justice (ICJ) under Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) for the alleged genocide against the Rohingya Muslim minority. Last week’s hearings were confined to The Gambia’s request for provisional …

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Current Developments

The Gambia and the Rohingya’s nightmare

Which opportunity for individual criminal accountability after the possible ICJ decision against Myanmar for genocide?

The Gambia submitted an application to the International Court of Justice (ICJ) on 11 November 2019 against the Republic of the Union of Myanmar for acts of genocide committed against the Rohingya people. The proceedings have been initiated in application of the Genocide Convention of 1948 which both countries have ratified. They have also accepted the ICJ’s jurisdiction provided for therein under article IX. The Rohingya constitute a minority group …

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