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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
