24 Jan
  • By CRDI
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CRDI’s Statement on ICJ Historic Ruling

CRDI WELCOMES THE INTERNATIONAL COURT OF JUSTICE (ICJ) HISTORIC RULING FOR PROVISIONAL MEASURES TO BE TAKEN BY THE MYANMAR GOVERNMENT TO STOP GENOCIDE

(Toronto, Canada, January 23, 2020) On November 11, 2019, The Gambia started proceedings against Myanmar concerning alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). On January 23, 2020, the ICJ published its decision concerning provisional measures.

CRDI applauds the ICJ for unanimously ordering the four provisional measures to be implemented by the Burmese government to prevent the genocide of Rohingya Muslims in Myanmar and demanded a report in four months on what measures the country has taken to comply with the order. Provisional measures are used to make sure that no further harm is inflicted upon a group that is a part of a case. According to the Statute of the ICJ, the court has the power to order provisional measures when “irreparable prejudice could be caused to the rights which are the subject of judicial proceedings”. In this case, the Court found that “there is a real and imminent risk of irreparable prejudice to the rights involved by The Gambia, as specified by the Court…”

The measures are related to compliance with the Genocide Convention and the implementation of those measures. They include that Myanmar 1) take all measures within its power to prevent the commission of all acts within the scope of Article II of the Convention, 2) ensure that the military (among others) do not commit these acts, 3) take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II, and 4) submit a report to the Court on all measures taken to give effect to this Order within 4 months, as from the date of this Order and thereafter every 6 months until a final decision on the case is rendered by the Court.

Today’s decision sends a wide and clear message to Myanmar’s government that the world will not tolerate their atrocities, systematic and institutional genocide. It also reflects on the fact that the allegations provided by the recent report issued by Office Independent Commission of Enquiry (ICOE) lack integrity despite the evidence provided by the international organizations regarding the unfair treatment on Rakhine state.

This momentous occasion is warmly welcomed by CRDI, who has been tirelessly working towards accountability and justice for the Rohingya community. CRDI thanks all of those who are and who have been involved in the pursuit of justice, including the resilient Rohingya genocide survivors, activists, lawyers, community leaders, civil society groups, the Government of Canada, researchers and the supporting media.

Justice is served and this is the first step for a lot more to come, but today we celebrate this historic ruling.

For more information, please contact:

Canadian Rohingya Development Initiative (CRDI)  – crdi@rohingya.ca

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