ICJ cases: Gambia vs. Myanmar Case

What was the issue?

Majority of Myanmar population is Buddhist while there are Muslim minorities called Rohingya

What happened in the 1920s?

Many Rohingya immigrants came to Myanmar as it was part of British India

1982 Citizenship Law of Myanmar

Structural violence: Rohingya people no longer met criteria for citizenship, so were essentially left state-less

What happened in 2017?

- Myanmar army came to Rohingya communities raping and abusing the population, forcing more than 800000 Rohingyas to flee to Bangladesh

- Myanmar army set their houses and villages on fire, preventing them from returning

What is the problem for the Bangladesh government?

Currently, nearly 1 million Rohingya sheltered in refugee camps which cannot provide basic necessities.

What did the ICJ rule?

In 2020, ICJ state that the Rohingya in Myanmar have been subject to acts which are capable of affecting their right of existence as a protected group under the 'Genocide Convention'. Also to preserve any evidence of genocide.

Why did Myanmar have to follow the ruling of the ICJ?

It signed the Genocide Convention and so was legally bound.

Gambia's involvement

November 2019, The Gambia, on behalf of the 57 members of the Organisation of Islamic Cooperation, filed a case at the International Court of Justice (ICJ) alleging that Myanmar failed to fulfill its obligations to prevent and punish acts of genocide committed against the Rohingya in Rakhine State as required under the 1948 Convention on the Prevention and Punishment of Genocide ("Genocide Convention")