Discover and read the best of Twitter Threads about #GenocideConvention
Most recents (11)
One of the issues in the provisional measures hearings in #Ukraine v #Russia this week is how the parties and the #ICJ deal with the requirement of plausibility of rights. Ultimately, I do not think this should pose a barrier to the ICJ indicating some form of measures. 1/11
Recall that #Ukraine is asking the #ICJ in the main case to find that Ukraine itself has not committed any acts of genocide, contrary to Russia’s accusations. This type of request is novel at the ICJ. 2/11
Even in ‘non-violation’ cases such as US Nationals in Morocco or the Lockerbie cases, the applicant was still asking the ICJ to declare that the applicant’s own actions/decisions were in accord with its international legal obligations. 3/11
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A few thoughts about #Ukraine’s case at the #ICJ. Some have already tweeted on this (@OriPomson, @VidigalGeraldo, @amirafarhadi, @niccoloridi and @mabecker17 among others)—here’s my take. ✍🏻
#UkraineRussiaWar #UkraineInvasion
Ukraine’a Application: icj-cij.org/public/files/c…
A few thoughts about #Ukraine’s case at the #ICJ. Some have already tweeted on this (@OriPomson, @VidigalGeraldo, @amirafarhadi, @niccoloridi and @mabecker17 among others)—here’s my take. ✍🏻
#UkraineRussiaWar #UkraineInvasion
Ukraine’a Application: icj-cij.org/public/files/c…
Apologies in advance for getting all #ICJ on this. 👩🏻⚖️
I understand the political decision for making an application to the ICJ. This thread is in no way a judgment of that decision, which is very well founded in the terrible events of the last week especially.
I understand the political decision for making an application to the ICJ. This thread is in no way a judgment of that decision, which is very well founded in the terrible events of the last week especially.
That said, Ukraine has (sadly but realistically) an uphill battle both to obtain the #provisionalmeasures it seeks (link to request below) and in the eventual #preliminaryobjections.
icj-cij.org/public/files/c…
icj-cij.org/public/files/c…
Interesting analysis from Marko Milanovic, but I’m afraid I’m less optimistic than he is regarding #Ukraine’s prospects against #Russia for receiving some kind of (legal) relief at the #ICJ in the form of provisional measures. 1/9
There are essentially three tests which must be met to receive provisional measures: prima facie jurisdiction; plausibility of rights and link between them and measures requested; and risk of irreparable prejudice and urgency (most recently: icj-cij.org/public/files/c…). 2/
As many have pointed out, the #GenocideConvention compromissory clause provides the consent of the parties to the #ICJ’s jurisdiction, the two states no longer having reservations thereto. However, prima facie jurisdiction must also relate to the alleged rights claimed. 3/
Judge Furuqui of US DC District Court has ordered @Facebook to release content that related to #Myanmar govt dangerous speech targeting #Rohingya minorities. Judicial order at the @asilorg #ILIB link 1/
@Facebook @asilorg 28 USC §1782 allows requests of statements or documents for proceedings in for/int'l tribunals, subject to Stored Comms Act (SCA). SCA relies heavily on who is a "user" under the 1986 US Congress understanding of comms tech 2/
@Facebook @asilorg Gambia v. FB decision notes that SCA is not an internet privacy statute, but instead focused on comp networks instead (citing @OrinKerr's 2004 User's Guide to SCA from @GWLawReview). Gambia tries to argue that #Myanmar govt is not a "user" under SCA 3/
We finally have the long-awaited decision in #TheGambia’s lawsuit in US federal court against #Facebook seeking disclosure of material for use in its pending case against #Myanmar at the #ICJ (alleging genocide against the #Rohingya). Here's an overview. 1/30
In brief, the federal magistrate judge handling this matter rejected #Facebook’s statutory & policy arguments and granted an order compelling Facebook to produce to #TheGambia the bulk of the material requested, but denying its request to depose a Facebook representative. 2/30
I previously tweeted about the party arguments in this litigation last year when the parties were filing their briefs. Those summaries can be found here: . In many respects, the federal magistrate judge has accepted #TheGambia’s arguments. 3/30
In 2017, Judge Abraham (then serving as ICJ President) addressed the Sixth Committee of the General Assembly on the topic of third-party intervention. This is a useful primer for those unfamiliar with the two distinct ways to intervene in an ICJ case. icj-cij.org/files/press-re…
As I said earlier, Canada/Netherlands presumably plan to intervene under Article 63 of the Statute. But whether the erga omnes partes character of the obligations at issue in the case could support Article 62 intervention is an interesting and untested proposition. #ICJ #Rohingya
Important to recall that Article 63 intervention is limited to the 'construction of the convention' in question (so the #GenocideConvention here). But there will likely be ample scope to present a construction that is well-informed by the specific facts of this case. #ICJ
Wow, this is a major development in #TheGambia v #Myanmar case at the #ICJ. The Netherlands and Canada have announced their joint intention to intervene in the case. #Rohingya #GenocideConvention canada.ca/en/global-affa…
The joint statement is thin on details, but Canada and The Netherlands will presumably seek to intervene as non-parties under Article 63 of the ICJ Statute (based on their status as parties to the #GenocideConvention).
I have previously raised doubts about the merits of intervention in this case. It can complicate the proceedings & may have limited (legal) benefit if states are simply expressing solidarity with #TheGambia. But it also creates opportunities to make complementary legal arguments.
The #Maldives has announced its intention to intervene in the #Gambia v #Myanmar case at the #ICJ concerning alleged acts of genocide against the #Rohingya. While many will undoubtedly welcome this move, I'm skeptical about the value of such an action. foreign.gov.mv/index.php/en/m… 1/8
#Maldives will presumably seek to intervene as a non-party pursuant to Article 63 of the #ICJ Statute, and it has every right to do so as a party to the #GenocideConvention. Assuming Maldives complies with Article 82 of the ICJ Rules, the request will presumably be granted. 2/8
In principle, intervention under Article 63 is limited to how the intervenor believes specific provisions of the treaty in question (ie, the #GenocideConvention) should be constructed—not to other issues in the case. Nonetheless, that likely gives Maldives a wide berth here. 3/8
OK. Here we go. #ICJ Provisional Measures Order #TheGambia v #Myanmar #Rohingya #Genocideconvention Judge Sebutinde - not on the bench.
- Background of application - omitting procedural history etc.
- Background of application - omitting procedural history etc.
Reference to #Rohingya group that self-identifies as Rohingya; prima facie jurisdiction need not be definitive as to merits of the case - art 36(1) ICJ Statute & Art 9 Genocide Convention - this needs to be satisfied first
Parties to GC - no reservation to art 9 by Myanmar but to art 6 & 8; no reservations of Gambia; “dispute” exists where hold “clearly opposite views” re performance/non-performance of obligations;one party maintains dispute, other denies it. Therefore compromissory clause comes in
Day 3 - last day of #ICJ provisional measures hearings, #TheGambia v #Myanmar #GenocideConvention #Rohingya. First up, #TheGambia Reichler: Myanmar not denied UN #FFM conclusion of “inference of genocidal intent” or the 7 indicators; 2019 report para 224 - extreme brutality;
Quoted ASSK admission of #IHL violations; ignoring of #sexual violence; #hate narratives - commander in chief Min Aung Hlaing #Facebook page quoted; discriminatory policies including #citizenship law & NVC process; govt tolerance of hate; failure to investigate prosecute
This last one was the only point disputed by Myanmar - “what state is she talking about?” - military justice system must investigate & prosecute - difficulties admitted by ASSK; how can the #Tatmadaw hold itself accountable when top 6 commanders recommend for prosecution?
The news that #Gambia has started proceedings against #Myanmar at the #ICJ for alleged violations of the #GenocideConvention with respect to the #Rohingya is a very important development. It could also set a major precedent in terms of inter-state human rights enforcement. 1/9
This is not the first #ICJ case brought by a non-injured state seeking to enforce obligations erga omnes, but it's the first relating to genocide. As I have written about (bit.ly/2Q8zVQY), the #Rohingya situation strongly suggested the potential for just such a case. 2/9
