The Gambia v. Myanmar: ICJ Delivers Order on Request for Provisional Measures (Archives 23 Jan 2020)
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- Опубліковано 2 бер 2021
- The International Court of Justice (ICJ) delivers its Order on the request for provisional measures made by The Gambia in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)
La CIJ rend son ordonnance en l’affaire Gambie c. Myanmar (mesures conservatoires).
Screenshot Credit: UN Photo/ICJ-CIJ/Frank van Beek
Learn More: www.icj-cij.org/en/case/178
တရားသူႀကီးမ်ား၊ ေရွ႕ေနမ်ားႏွင့္ အစိုးရေရွ႕ေနမ်ား၏
လြတ္လပ္မႈႏွင့္
တာ၀န္ယူမႈဆိုင္ရာ ႏိုင္ငံတကာ စည္းမ်ဥ္းမ်ား www.icj.org/wp-content/upload...
The Court begins by recalling that, on 11 November 2019, The Gambia filed in the Registry
of the Court an Application instituting proceedings against Myanmar concerning alleged violations
of the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December
1948 (hereinafter the “Genocide Convention” or the “Convention”). The Application contained a
Request for the indication of provisional measures, submitted pursuant to Article 41 of the Statute
and Articles 73, 74 and 75 of the Rules of Court with a view to preserving the rights The Gambia
claims under the Convention, pending the Court’s final decision in the case.
I. PRIMA FACIE JURISDICTION (PARAS. 16-38)
1. General introduction (paras. 16-19)
The Court notes that Article IX of the Genocide Convention makes its jurisdiction
conditional on the existence of a dispute relating to the interpretation, application or fulfilment of
the said instrument, and that it must therefore determine prima facie the existence of such a dispute between the Parties. It observes that, in principle, the date for determining the existence of a
dispute is the date on which the application is submitted.
First, Myanmar having argued that there was no dispute between the Parties in view of the
fact that the proceedings before the Court were instituted by The Gambia not on its own behalf but
rather as a “proxy” and “on behalf of” the Organisation of Islamic Cooperation (“OIC”), in
circumvention of Article 34 of the Statute, the Court notes that the Applicant instituted proceedings
in its own name, and that it maintains that it has a dispute with Myanmar regarding its own rights
under the Convention. In the view of the Court, the fact that The Gambia may have sought and
obtained the support of other States or international organizations in its endeavour to seise the
Court does not preclude the existence between the Parties of a dispute relating to the Genocide
Convention.
Turning to the question of whether there was a dispute between the Parties at the time of the
filing of the Application, the Court notes that, on 8 August 2019, the Independent International
Fact-Finding Mission on Myanmar established by the Human Rights Council of the United Nations
(hereinafter the “Fact-Finding Mission”) published a report which affirmed its previous conclusion
“that Myanmar incurs State responsibility under the prohibition against genocide” and welcomed
the efforts of The Gambia, Bangladesh and the OIC to pursue a case against Myanmar before the
Court under the Genocide Convention. The Court further notes that, on 26 September 2019,
The Gambia stated during the general debate of the seventy-fourth session of the General Assembly of the United Nations that it was ready to lead concerted efforts to take the Rohingya issue to the
International Court of Justice, and that Myanmar delivered an address two days later,
characterizing the Fact-Finding Mission reports as “biased and flawed, based not on facts but on
narratives”. In the Court’s view, these statements suggested the existence of a divergence of views
concerning the events which allegedly took place in Rakhine State in relation to the Rohingya. In
addition, the Court takes into account The Gambia’s Note Verbale of 11 October 2019, in which it
stated that it understood Myanmar to be in ongoing breach of its obligations under the Genocide
Convention and under customary international law and insisted that Myanmar take all necessary
actions to comply with these obligations. In light of the gravity of the allegations made in this Note
Verbale, the Court considers that the lack of response may be another indication of the existence of
a dispute between the Parties.
Read More: www.icj-cij.org/public/files/...
How old is it? 😡😡😡
This is from the archives - Jan 23, 2020. Please see the details here: www.icj-cij.org/en/case/178
@@unitednations Hello Dear, salaam all's.and I hope all's get better and better. My family a Refugee Asylum seekers family. We have been living or living for more than five years. Here environment in Afghanistan's is very insecure.the live life. The whole world you and UNHCR UNITED Nation know what a Security Risk it is to lives here's. And we've locked ourselves in the Place of residence a long time . I request You and UNHCR UNITED Nation please help for resettlement safe life Protection. Thanks
@@unitednations Dear Respectable, Here's Afghanistan's capital Kabul city everyday many blost. What a life security Risk. Please help for resettlement safe life Protection. Thanks for your helping the people's UNHCR UNITED Nation please help? I have a life security Risk.
@@unitednations Everyone who tried to say this before 2017 was killed. Can we share this information with your superiors?
@@Stories.lifes786 I think you should contact India or UK's embassy.
How many dead body need un to take action on myanmar's military.
100% Agree
all military general old and new
@@israeldavidthangzo99 all old and new this is true
Justice for Rohingya.
Justice for Myanmar People.
Dear UN ambassadors, Myanmar's military and police are currently killing its own people 😭.
That good..people of myanmar pay for what they've done to rohangyan poeple
@@nomairiemanding3975 I don’t think you’re aware but the military who did the genocide on Rohingyas are the ones doing the killing. They’re the ones that have control.
@@jihadityrone2197 i'm from Myanmar too but myanmar people had already apologized to rohingya.
@@alvinzz4531 hope you defeat the Junta and bring the Rohingya back.
@@kudurrumaqlu Not just bring but give back their citizenship, their properties, and other restrictions imposed on them. The Rohingyas inside Arakan are still being bullied.
Thanks million Judgement, also Many many thanks for Gambia's president Who is helping our All Rohingya,, may Allah bless you long time, Ameen 🤲🤲🤲🤲🤲
Myanmar Military made genocide on Rohingya. So please take actions on Myanmar Military leader Min Aung Hlaing.
also Aung San Suki who was shamelessly supported this genocidal military.
UK and US is coming to help Myanmar soon.
@@madammargarett9648
Nope
@@milladurrahmanmubin4698 absolutely. Aung San Suu Khi is also responsible for allowing killings of Rohingya to take place without making sincere effort to stop her military regime
@@ClashofTitans001 She is also the victim of military,she's not the one holding the gun.
My heart broke down when a 14-year-old Girl shot dead by Myanmar Police brutally, and the two worker is beaten up mercilessly inside ATM.and many graveboxes
😥
Save Myanmar Peoples😭🙏🇲🇲❤
You love the Rohingya
@@raihanuddin388 u can see we r all together again Myanmar military
@@raihanuddin388 any Kind of peoples i love ❤😭🙏🇲🇲
@@pascalkhai pray for myanmar
Thank you
🇲🇲🙏😭❤
You want nato not the un
How many lives does it need UN to take actions and take part in Myanmar's case??
maybe a million?
@Pawan Kumar you should hate Myanmar Military coup, not to people. People also hate military coup.
This is a bad time to post that. I feel like UN is making fun of the situation in Myanmar right now. Smh
Nope, this is an easier way to intervene in Myanmar's political affairs
@@neji-hyuga- how? Can u explain more about that please?
@@poeEain i mean as an indonesian, even i feel like the ASEAN wont do something as minimum effort as this
Rohingya who lives in rekhine state they also need UN security forces for their safety.
Words is not enough for Min Aung Hlaing .. he’s the types of people who don’t care
World must known Aung San Su Kyi has not authority for all over myanmar. She was around by thorn. Every Myanmar people knows . I want to asked you how should ICJ will action without the convict are not attended in the court?
👍
All talk, talk, talk. No action. Now is the time to remove abusive Burma military.
Take the action Min Aung Hling
Thank you very much for the right news
It took about 5 minutes for that message to go through I wonder how long this one will take.
Pls pls come and save of our Myanmar's nations. We need you.
Why is it uploaded and how for the present happenings in Myanmar?
We need democracy in Myanmar
Says the guy named "Abdullah"
Thank you for everything
The ICJ Family...🙏🙏🙏🙏
تحية لجمهورية غانبيا .
من الصومال
Thank so much
S.O.S.COLOMBIA. Nos duele nuestra Patria donde se esta derramando tanta sangre inocente.
Gambia ARAR LADAr Allah ..ramot gorok. Gambia. Very good 💯💯💯💯💯💯💯
We need to democracy in Myanmar
I want to be there with you guys.
The Honors.
ေကျးဇူးအများကြီးတင်ပါတယ် မြန်မာပြည်သူပြည်သားများကို ကူညီေပးေစချင်ပါတယ် ေလးစားစွာနဲ့ေတာင်းဆိုပါတယ်ရှင့်
Justice 🙏🙏🙏
Please save myanmar.
Military is killing its own peoples.
So is the Government, they are equally responsible for the genocide against Rohingya.
@@milladurrahmanmubin4698 lol
Free the Rohingya People first. Pathetic.
I'm Md Sadek from Bangladesh refugees Camp. I want to tell something about our situation we can't tell about the Myanmar. If we talk on ICJ code the Myanmar government will be back however very very very thankful for the Gambia.
Why is it always “ IF” your do that or this
Myanmar need an action not just words.. please today deaths 52 today just today
Very happy about Gambia
Is there a permanent lawyer in international court of justice?
Peace on earth
Thank you 🙏 for protecting civilians. Police are not above the law if the court Senators & must realize you can control their incomes through the world bank , Heroes not thugs!!!
S.O.S COLOMBIA 🇨🇴🇨🇴🇨🇴
just talk and discuss and meeting and again same like before but we need action not talking if you cant do anything so brake icc or icj we really hate
Indeed. Please don't just give lip service.
Please save myanmar people. 61people are die for democracy. We we want action mynmar military.
لا يخفى على أحد بأن الحرية والدم والعرض والبصر أغلى واثمن من الأموال وأنا خسرت كل هذا في السويد كوني امرأة لا ذنب لي في أن خلقني الله امرأة!!!
MUBARAK. MUBARAK. MUBARAK
Sharing, Justice and Peace for All.
How many dead body need UN to take action on myanmar milatary😭😭😭
Please the world peaceful
MR.TIN MYO ZAW
susu
စုစု
❤🤝🤝🤝👍
GRATITUD DE CORAZÓN A LA ONU, POR CONTRIBUIR A LA PAZ Y PROGRESO DE MI HERMOSO PAÍS COLOMBIA.
Tq UNHCR
SOS COLOMBIA
We need people peace and love rohingya minority rohingya nationality Rohingya citizenship people rakhine state in Myanmar Rohingya nationality Rohingya Myanmar to stop for genocides in the Myanmar citizenship Rohingya want people peace
Very good
Amen
Please justice ⚖️⚖️🙏🙏 for Rohingya 😭😭
Read nicely Nice point All material success is success Days of begging for precious time with values A working job is for use only Tasks at the time of liberation from the stress of termination of the waiting process Things that are a bit of a no-brainer are things to be scorned Born to beg and beg to be born Let's live with dignity and honor
🙏
What is ICJ??
WHAT FOR ICJ??
NOW MYANMAR
NO JUSTICE
NO JUSTICE
NO JUSTICE!!
Myanmar military killing public Rohingya minority ethnic group in the Myanmar difficult situation
🙏🙏🙏🙏🙏
More than 50 killed by Junta and more than 2000 injured in Myanmar at present as of 08/03/2021. No one from outside MMar has not taken any action to stop violence and restore democracy in that country... still big talks only for the last one month !
Be successful!!
Strictest action on Myanmar Military is requested to be taken.
UN must send the blue beret corps to Myanmar for protecting Myanmarese people from the genocide by military coup.
ICJ
ICC
United Nations
(Family Member)..💓💓💓💓💓
How slow will it take?
Another year.
🙏🙏🙏
1. Violation of code of conducts when the people protesting their wills against them
2. Women participations at protesting to military regime.
Please ! Considering about this situations🇹🇼🇹🇼💯
Are you/we there yet?
*Is the president of icj from somalia* ?
Yes
yeah
whats the point of the meeting if u arent doing anything huh?
S.O.S COLOMBIA🇨🇴🇨🇴🇨🇴🇨🇴
S. O. S COLOMBIA 🇦🇲🇦🇲🇦🇲🇦🇲🇦🇲🇦🇲🇦🇲🇦🇲🇦🇲
Good
Answering with words and statements will never end uneducated and unreasonable criminals - terrorists only understand by means of examples to be reciprocated with what they have done to the unarmed public. Save Myanmar. End Genocide. End Terrorism.
We want justice of the ICJ we respected of the Gambia and we continue to obey of the Gambia and we want to take action of the Myanmar military government we are almost respected of the Gambia thank you very much of the Gambia we are Rohingya
Thank you Gambia 😭😭😭😢
Dated Jan 23rd, 2020 more than a year ago.
C’mon United Nations, unite for the beleaguered Myanmar people!
S.O.S. COLOMBIA!!!
Speaking of recent Myanmar coup, deposed government is in the Western orbit, while the military is in China's orbit.
Obviously, there is a conflict of interest between the two parties.
For detail explanation, pls read my 'Ole Fella' comment at, "Aung San Suu Kyi Exclusive Interview BBC".
Just to let you know that Myanmar, along with other Indochina nations, has been in China's orbit for ages, ever since they gained Independence from Colonialism which left them bitter and poverty-stricken. Just saying.
@@imlovely6522 Long live peace & prosperity to long suffering people of Indochina! 🙏
@@imlovely6522 Speaking of Colonialism, do you know the fact that Burma used to be a major oil producer for British Colonial Empire up until Middle-East oil boom in 1930.
Burmah Oil Company was one of a handful of oil giants in those days.
I read thoroughly your insightful 'Ole Fella' comment at, "Aung San Suu Kyi Exclusive Interview BBC"; and learned about Burma/Myanmar a heck of a lot more than I ever knew. Thanks Ole Fella.
@@rottenrobbie8466 In my humble opinion, Myanmar would have been much better off without Colonialism.
There's hardly any Muslim, Hindu or Christian in Myanmar up until Colonialism.
I supposed it's fair to say that some of these tragedies of Myanmar facing today, such as racial and religious conflicts, started with Anglo British Colonialism. Just saying.
SUBHAN ALLAH ... GE ... FARNDERS ... GE 1
God is good
Parabéns pelo trabalho a Amazônia em 10 anos de incêndios foram + 110.000 quantas árvores, plantas, flores, animais e afluentes de água que sumiu desapareceu do planeta.Deus/Ala abençoe a todos amem
please save our country myanmar
No more Watching..Watching..Watching...
🙏😔
He finds this funny, so he is above the law.
too many laws no one knows which way to go. too many laws cancel each other out
Save myanmar
UNကိုေျပာေပးပါတရားမ်ွတမူ႕ကိုအခ်ိန္မစြဲပဲေဆာင္ရြက္ေပးပါ လူေတြအမ်ားျကီးေသေနပါပီျပည္သူေတြစိတ္ထိခိုက္ေနရပါတယ္ရင္ေတြလဲနာေနရပါပီေက်းဇူးျပဳ ၍ကူညီေပးပါ
Save Rohingya nation
Save Rohingya and People's
أتعرض إلى مضايقات أثناء مروري في الأسواق العامة... تعد هذه المضايقات بعد أن تم تبليغ المحكمة والشرطة الدولية بالجرائم التي تعرضت لها في السويد.. تعد اعتداء على القانون والشرطة الدولية ولو كانت بالإشارة أو الهمز والمز... أناشد الإنتربول الدولي للقبض على المتورطين وإحالتهم إلى محاكم العدالة فمن أمن العقاب ساء الأدب واعتدي على كل من هب ودب.... أناشد المحكمة لاحصل على حقي بأسرع وقت ممكن؟
Dear Respectable, Here's Afghanistan's capital Kabul city everyday many blost. What a life security Risk. Please help for resettlement safe life Protection. Thanks for your helping the people's UNHCR UNITED Nation please help? I have a life security Risk.
🙏🏻🙏🏻🙏🏻🙏🏻🙏🏻❤️❤️❤️❤️
We need help UN peace save Myanmar
There's an UN saying words are louder than action!
Don't wait your time before civilian die all. Hurry up to support innocent people.
Help our Myanmar ICJ
ျမန္မာလိုျပန္ေပးၾကပါ
According to today update ..total number of death raise to 183 ...is it not enough for UN ? 😢 Please take action to Myanmar’s military ASAP 🙏
Piease .World Body take immediate
action on myanmar military leader.
Min Aung Hlaing.Who is main responsible to Rohanger genoside.
S.O.S COLOMBIA