Discover and read the best of Twitter Threads about #ICJ

Most recents (12)

The Citizenship Amendment Act in #India has received much intl attention and generated heated debate and protests that provoked a police crackdown and rioting, including the recent #DelhiViolence that resulted in over 50 deaths. Why is the #CAA problematic?

A thread…
What is #CAA? It provides a fast track to Indian citizenship for specifically non-Muslim migrants from Afghanistan, Bangladesh, and Pakistan already in India; removes the illegal migrant label for specified groups; and protects them from legal action in regard to citizenship.
The government argues the #CAA’s only purpose is to protect persecuted minorities in neighboring countries, a laudable goal in of itself (and a key reason my org @USCIRF was formed), and has no impact on Indian Muslims.…
Read 24 tweets
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.
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
Read 35 tweets
The #ICJ will announce its ruling on #Gambia’s request for provisional measures against #Myanmar on Thursday, in the case alleging #genocide against the #Rohingya. A few thoughts about what to look out for in the Court's ruling in this thread. 1/12
The threshold question is whether #Gambia established all of the required elements to allow the #ICJ to grant provisional measures (prima facie jurisdiction, plausibility of claims, link between PMs requested and the rights at issue, urgency, and risk of irreparable harm)? 2/12
#Myanmar has tried to muddy the waters on jurisdiction and admissibility, but it is hard to imagine the Court not finding that it has prima facie jurisdiction here. Myanmar will have a second chance to make jurisdiction and admissibility arguments at the case's next phase. 3/12
Read 12 tweets
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?
Read 33 tweets
Day 2 #Gambia v #Myanmar #ICJ begins, w/#ASSK up first. She declares #genocide is a crime, applied by #ICTR to #Rwanda but not to #Kosovo or #Croatia by #ICTY or #ICJ, because of a lack of dolus specialis.
Gambia has put fwd 'Incomplete & misleading factual picture'. Situation in #Rahkine is 'complex & not easy to fathom'. (same rhetoric as we have heard for years)
Complexities go back for yrs. Claims conflict btwn Arakan Army w/5000 fighters & the #Myanmar Army, w/Arakan Army seeking independence. The conflict has led to displacement & security measures such as curfew & checkpoints, applied to all regardless of background.
Read 123 tweets
Ok folks - Day 2 of the #ICJ #Gambia v #Myanmar provisional measures hearings going to start - important as no submissions yet by Myanmar so, first formal indication of their legal strategy. [I’ll be away on an interview for a bit so hoping we have other “live tweeters”?? :)]
Agent of Myanmar: #ASSK takes the floor as minister for foreign affairs (is this the first time an agent doesn’t have a legal background); #genocide convention “wholeheartedly” signed by Myanmar; not applied to Kosovo or exodus of Serb population from Croatia. No Specific intent
Incorrect factual situation presented to court; though suffering of innocent people. #Rakhine state background - internal armed conflict; Arakan army seeks independence; displacement & conflict, affecting civilians
Read 67 tweets
Here we go. Commencement of provisional measures hearings at the #ICJ: first up, the appointment of the two #judges #adhoc - biographies of Navanethem Pillay & Claus Kress - chosen by #TheGambia & #Myanmar respectively. Art. 31, ICJ #Statute.
Priority of request of indication of provisional measures prioritized over all other cases, balanced with opportunity for parties to be represented. 3 hours per party Tuesday & Wednesday, after which reply on Thursday for each. ICJ Procedure.
No entering into merits of case, stick to requirements for provisional measures.
Read 52 tweets
1. Have finally read judgment in #Jadhav case. The judgment does NOT find that Jadhav was a spy. Equally it does NOT direct Pakistan to return Jadhav to India asap. However, #ICJ does find Pakistan in breach of its obligations under the Vienna Convention. More highlights follow:
2. The matter was before ICJ because: Both India and Pakistan have signed the Vienna Convention on Consular Relations and are parties to the Optional Protocol WITHOUT reservations. This means that all disputes regarding the Convention MUST be brought before the ICJ. #Jadhav #ICJ
3.Pakistan raised 3 objections to the admissibility of India’s Application. ICJ rejected all 3: (a) Pakistan said India had abused ICJ procedure by seeking a stay of execution. ICJ rejected this citing ‘considerable uncertainty’ in Pakistan’s court procedures #Jadhav #ICJ
Read 14 tweets
1. I have been intrigued all day by claims by Pakistan that it had 'won' the Jadhav case. Even a cursory read of the press release suggests otherwise. Let me recap: #Jadhav #ICJ
2. The International Court of Justice has found Pakistan to be in breach of its obligations incumbent under Article 36 of the Vienna Convention on Consular Relations. In doing so, the Court has FULLY upheld India's contention against Pakistan in this regard. #Jadhav #ICJ
3. Pakistan had filed objections to the admissibility of India's case before ICJ. The Court REJECTED Pakistan's contention 15:1 and admitted India’s application. The one judge who spoke for Pakistan, was its own appointee to the Court: Justice Jilani. #Jadhav #ICJ
Read 20 tweets
The ICJ has announced Verdict in #KalbhushanJadhav case and the verdict strikes balance between #India and #Pakistan. Full Text of Verdict here…
#India's claims.
1. #Pakistan violated Vienna Convention (Approved)
2. #Pakistan's Military Court verdict violated Vienna Convention. (Failed)
3. Annul Pakistani court's sentence. (Failed)
4. Release Jadhav to #India. (Failed)
5. Trial Jadhav in a Civilian Court. (Failed)
Details of the single #Indian Claim approved.

Pakistan violated article 36 of Vienna Convention by:
a. Not informing Jadhav of his rights.
b. Not informing #India of Jadhav's detention.
c. Not giving consular access to #India to Jadhav.

Read 5 tweets
Kulbhushan Jadhav case at International Court of Justice: Khawar Qureshi QC begins his submissions for Pakistan

#KulbhushanJadhav #ICJ @CIJ_ICJ
There is a confession by Jadhav before a judicial magistrate. He was also convicted under Section 3 of the Official Secrets Act for terrorist activities in 2014. India has glossed over these matters, Khawar Qureshi
#KulbhushanJadhav #ICJ
Developments in customary international law not consistent with India's position on Article 36 of Vienna Convention on Consular Relations, Qureshi

#KulbhushanJadhav #ICJ
Read 35 tweets
#BREAKING UN court orders US to halt sanctions on 'humanitarian' goods to Iran
#BREAKING UN court ruling on US sanctions confirms Iran is 'in the right': Iranian ministry
#UPDATE The UN's top court orders the United States to lift sanctions on humanitarian goods for Iran in a stunning setback for US President Donald Trump
Read 8 tweets

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