International Court of Justice Dismisses Objections to Its Jurisdiction in the Rohingya Genocide Case

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Friday, July 29, 2022
Author: 
Gino Naldi* and Konstantinos Magliveras**
Volume: 
38
Issue: 
8
Abstract: 

In November 2019, The Gambia instituted proceedings against Myanmar alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) through “acts adopted, taken and condoned by the Government of Myanmar” against the Rohingyas, a principally Muslim and stateless ethnic group, which has lived for centuries in the majority Buddhist Myanmar. It also requested the indication of provisional measures to protect the Rohingyas’ rights, which were ordered in January 2020.[1] Exactly one year later, Myanmar raised four preliminary objections to the ICJ jurisdiction and the admissibility of the Application. The ICJ gave its judgment, rejecting them all, in July 2022.[2] The purpose of this note is to offer an overview of Myanmar’s objections in the order examined by the ICJ.



* Former university senior lecturer in Law, United Kingdom; ginonaldi57@yahoo.co.uk.

** Attorney at law, Athens, Greece; kmagliveras@aegean.gr.

[1] Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Provisional Measures, Order of 23 January 2020, ICJ Rep 2020, p. 3, [2020] 59 ILM 616 et seq. See G. Naldi & K. Magliveras, “International Court of Justice Indicates Provisional Measures in the Rohingya Genocide Case” [2020] 36 IELR 49-53.

[2] Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Preliminary Objections of Myanmar, Judgment of 22 July 2022 <https://www.icj-cij.org/en/case/178> (Judgment on Preliminary Objections).