Rohingya refugees are seen on a Bangladesh's Navy ship as they are being relocated to Bhashan Char Island in the Bay of Bengal, in Chittagong on Jan 29, 2021. (PHOTO / AFP)
THE HAGUE – The World Court is expected to rule on Friday on Myanmar's objections to a genocide case over its treatment of the Muslim Rohingya minority, a decision that could pave the way for the case to be heard in full.
Myanmar has argued that Gambia, which brought the suit, had no standing to do so at the top UN court, formally known as the International Court of Justice (ICJ).
If judges at the World Court reject Myanmar's objections, it paves the way for the case to be heard in full on its merits – a process that will take years. A ruling in Myanmar's favor would end the International Court of Justice case
Gambia, which took up the cause after its then-attorney general visited a refugee camp in Bangladesh, argues that all countries have a duty to uphold the 1948 Genocide Convention. It is backed by the 57-nation Organisation for Islamic Cooperation in a suit aiming to hold Myanmar accountable and prevent further bloodshed.
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A separate UN fact-finding mission concluded that a 2017 military campaign by Myanmar that drove 730,000 Rohingya into neighboring Bangladesh had included "genocidal acts".
If judges reject Myanmar's objections, it paves the way for the case to be heard in full on its merits – a process that will take years. A ruling in Myanmar's favor would end the ICJ case.
While the court's decisions are binding and countries generally follow them, it has no way of enforcing them.
In a 2020 provisional decision it ordered Myanmar to protect the Rohingya from genocide, a legal victory that established their right under international law as a protected minority.
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However, Rohingya groups and rights activists say there has been no meaningful attempt to end their systemic persecution and what Amnesty International has called a system of apartheid.