Provisional Judgement

In its landmark decision, the International Court of Justice (ICJ) declared that Rohingyas must be protected against genocide.

Here are the four major decisions that the ICJ’s panel of 17 judges:
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  1. It established that the court has the right to hear the case. It also ruled that the Gambia was well within its rights to bring this case to the court under the Genocide Convention, contrary to Burma’s contention that it had no such right.
  2. It ordered Burma to protect all 600,000 Rohingyas who are left in Burma from all military, and paramilitary forces from harming them physically or mentally.
  3. The court ordered Burma to preserve all evidence of genocide.
  4. The court asked Myanmar to submit a report within 4 months .

The ruling of the court was unanimous, including even the assent of a Burmese and Chinese judge.

The Gambia's Justice Minister Abubacarr Tambadou speaking at Burma Task Force Event

Video:

Press Release:

Burma Task Force Canada Welcomes International Court of Justice’s Provisional Judgement on Myanmar Genocide of Rohingya

Text/PDF of International Court of Justice Provisional Judgement: The Gambia vs Myanmar- Rohingya Genocide

June 2020
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International Court of Justice (ICJ) Case

On November 11, 2019, The Republic of The Gambia filed suit against Myanmar (Burma) in the International Court of Justice (“ICJ”) for violating the Genocide Convention. According to the UN Human Rights Council-mandated Independent International Fact-Finding Mission on Myanmar (FFM), the treatment of the Rohingya population amounts to genocide, crimes against humanity, and war crimes. In its final report, published in September 2019, the FFM concluded that “the State of Myanmar breached its obligation not to commit genocide” and found that Myanmar “continues to harbor genocidal intent” towards the Rohingya.
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This pivotal lawsuit at the ICJ brings a critical focus to Burma’s responsibility as a state for genocide and compliments ongoing investigations into individual accountability at the International Criminal Court.

Videos of Court Proceedings 

First round of oral observations of The Gambia
Tue 10 Dec 2019

First round of oral observations of Myanmar
Wed 11 Dec 2019

Second round of oral observations of The Gambia
Thu 12 Dec 2019

Second round of oral observations of Myanmar
​Thu 12 Dec 2019
Verbatim record 2019/2020
​Public sitting held on Thursday 12 December 2019, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)
Press release 2019/54
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) – Conclusion of the public hearings on the request for the indication of provisional measures submitted by the Republic of The Gambia – The Court to begin its deliberation 
Verbatim record 2019/21
​Public sitting held on Thursday 12 December 2019, at 4.30 p.m., at the Peace Palace, President Yusuf presiding, in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)
verbatim record 2019/19
​Public sitting held on Wednesday 11 December 2019, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)
verbatim record 2019/18
​Public sitting held on Tuesday 10 December 2019, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)
Press release 2019/49
​Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) – Request for the indication of provisional measures – The Court to hold public hearings from Tuesday 10 to Thursday 12 December 2019
press release 2019/47
​11 November 2019
​The Republic of The Gambia institutes proceedings against the Republic of the Union of Myanmar and asks the Court to indicate provisional measures
application instituting proceedings and request for the indication of provisional measures
11 November 2019