The Gambia has filed a lawsuit against Myanmar over the Rohingya genocide. There is no chance to say that the case has been filed on behalf of the Organization of Islamic Cooperation (OIC). The Gambia has written to the International Criminal Court (ICC) in response to Myanmar's written argument.
At the start of the hearing in the ICJ on Monday, the judge said that the court would disclose the arguments put forward by the two parties in writing before the hearing.
They were published on the ICJ website last Monday night.
At last Monday's hearing, Myanmar challenged the Gambia case and the court's jurisdiction. Myanmar's lawyers argued that the Gambia was using the OIC as a proxy in the case. The jurisdiction to sue the ICJ belongs only to the state, not to any organization. So the OIC cannot sue. The Gambia cannot sue on behalf of the OIC. Myanmar's lawyers have accused the country of funding various countries, including Bangladesh, to sue the Gambia. The court will sit again at the ICJ office in The Hague, Netherlands, on Wednesday evening. There, Gambia will argue in favor of the case.
The Myanmar and Gambia arguments presented in the ICJ show that the Gambia has refuted all four objections of Myanmar. Citing the OIC proposal, the Gambia said the ICJ was limited to supporting the OIC's role in their case against Myanmar. For example, at the 47th meeting of the OIC Foreign Ministers in November 2020, it was decided that the ad hoc committee would look into the matter until the final verdict on the Gambia case in the ICJ.
Gambia has denied allegations of money laundering by the OIC for the case, saying the OIC foreign ministers have volunteered to co-operate in the Gambia case voluntarily in the light of the spirit of Islamic solidarity, understanding and sharing of responsibilities.
The Gambia says the OIC does not have the authority to decide where, when, or against whom the Gambia or anyone else should be sued. The OIC Council of Foreign Ministers does not have this jurisdiction.
The Gambia petition states, "The Gambia is a member of both the ICJ constitution and the genocide charter." They have filed this case in their own name and on their own behalf. They are fully satisfied with the jurisdiction and necessity to sue. The case has the backing of many states, including the OIC. This support does not affect the jurisdiction of the court.
Bangladesh did not support Article 9 of the Charter on the Prevention of Genocide. For this reason, Bangladesh cannot sue, even if it is a country that has suffered in the 'Rohingya genocide'. In its written statement, the Gambia argued that the non-support of Article 9 of the Bangladesh Charter for the Prevention of Genocide did not affect Gambia's right to sue Myanmar in court.
The Gambia claims that it has the right to sue Myanmar, even if it is not a direct victim. According to the Charter on the Prevention of Genocide, third parties who are not directly involved in the dispute over the role of the state in the offenses referred to in paragraph 3 of the Charter on Genocide or Genocide may also be involved.
Despite being a signatory to the Convention against Genocide, Myanmar has carried out genocide against the Rohingya and violated the Convention. The interim order was heard in December of that year. The court issued an interim order in January 2020.
Myanmar claims that the court did not take into account the jurisdiction of the case and Myanmar's objections to the interim order. The Gambia, however, argued in writing that Myanmar's objections were rejected by the court at the time of the interim order.
Gambia will present its arguments today, followed by Myanmar on Friday night and Gambia next Monday night.
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