Discover and read the best of Twitter Threads about #thegambia

Most recents (17)

The public hearing on the #Rohingya #genocide case at the Int’l Court of Justice (#TheGambia v. #Myanmar) resumes today. We’ll hear today from The Gambia on why the case should proceed. Begins momentarily: 1:30pm The Hague/ 7:30am ET / 7pm MYA. Watch via: media.un.org/en/asset/k1z/k…
Needless to say @NUGMyanmar should be represnting #Myanmar at the court & not the junta, but we stand w The #Gambia & more importantly #Rohingya people everywhere in seeking to justice. Defeating the junta at the ICJ will be a massive step toward justice. #WhatsHappeningInMyanmar
The Gambia’s state agent set the stage, clarifying its interest in responding to the #Rohingya #genocide & the considerable support for the case. Now hearing from Gambia counsel Paul Reichler on the coup & the importance & effectiveness of the provisional measures.
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Hearings resume today in the #Rohingya #genocide case at the Int’l Court of Justice (#TheGambia v. #Myanmar). We’ll hear today from the Pres of the court as well as the #Myanmar junta’s objections to the case. Begins 1:30pm The Hague/7:30am ET / 7pm MYA: media.un.org/en/asset/k18/k…
Here is the 160-page report by @FortifyRights, “They Gave Them Long Swords,” showing how the #Myanmar military planned for and carried out the crime of #genocide against #Rohingya.

fortifyrights.org/downloads/Fort…
The junta imprisoned #Myanmar's former State Agent at the court, State Counsellor Aung San Suu Kyi. And its legal team has changed. Int'l lawyer Christopher Staker will represent the junta and I'm told will be joined by lawyers Robert Kolb & Stephan Talmon.
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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
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An overview (w/some preliminary observations) of the new #ICJ case by #Armenia against #Azerbaijan based on alleged violations of the Convention on the Elimination of All Forms of Racial Discrimination (#CERD). This is the fourth CERD-based case at the ICJ since 2008. 1/20
#Armenia alleges that #Azerbaijan has subjected individuals of Armenian ethnic/national origin to racial discrimination for decades and fosters hatred towards Armenians as a matter of state policy. (Both parties acceded to the CERD in the 1990s.) 2/20
Armenia further alleges systemic discrimination, mass killings, and torture directed at ethnic Armenians by Azerbaijan, and specifically alleges grave CERD violations during the 2020 armed conflict re #NagarnoKarabakh 3/20
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UPDATE: In the ongoing litigation between #TheGambia and @Facebook in the US, The Gambia has submitted its response to FB’s surreply (meaning that the application for an order compelling discovery under §1782 has now been fully briefed). Here’s a rough summary: 1/12
Recall that Facebook’s position is that the Stored Communications Act, a US privacy law, would prevent it from being able to comply lawfully with the request for documents that #TheGambia seeks (including posts by #Myanmar officials & affiliated groups that FB removed). 2/12
#TheGambia takes a dim view of @Facebook’s arguments about the dangerous precedent this could set for privacy rights & argues that Facebook should want ‘genocidal conspirators who have abused Facebook’s platform’ to know their communications will not be protected. 3/12
Read 12 tweets
Update in #TheGambia v Facebook litigation in the US, where @Gambia_MOJ seeks a court order compelling Facebook to disclose various materials re #Myanmar. The Court has allowed another round of briefing, and @Facebook has filed a sur-reply. Here's what's happening. #Rohingya 1/11
Facebook argues that The Gambia’s application under §1782 asks for a subpoena with which Facebook could not lawfully comply. Recall that The Gambia seeks disclosure of posts by Myanmar officials & affiliated groups that FB has removed, plus drafts & private communications. 2/11
Facebook receives 1000s of requests from foreign gov'ts seeking user communications & it relies on the Stored Communications Act (SCA) to process them. FB says The Gambia’s approach would allow foreign gov'ts to obtain information about users w/out any legal process at all. 3/11
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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.
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#TheGambia has filed its reply in US Federal Court to @Facebook’s arguments opposing discovery under §1782 in relation to the #genocide case against #Myanmar at the #ICJ. Here’s a thread summarizing The Gambia’s argument. For Facebook’s argument, see my prior thread (below). 1/17
#TheGambia argues that Facebook wrongly claims its hands are tied by US law, precluding its co-operation. The Gambia’s main argument is that the Stored Communications Act (SCA) (invoked by Facebook) doesn't cover the requests, or, if it does, that statutory exceptions apply. 2/17
First, The Gambia focuses on statutory text to argue that the SCA doesn't apply to foreign governments, its officials or its agents, or to anyone who has engaged in unauthorized use of @Facebook’s platform (i.e., in violation of its own terms). 3/17
Read 17 tweets
Update: @Facebook has filed its opposition to #TheGambia’s §1782 request in US Federal Court for discovery re the #genocide case against #Myanmar at the #ICJ. @Gambia_MOJ seeks access to a wide range of public and private communications by Myanmar officials. #Rohingya 1/15
A short summary: @Facebook argues that the proposed discovery order would require it to violate the Stored Communications Act (SCA)(§ 2702(a)), a US law that prohibits providers of an ‘electronic communications service’ from disclosing the content of user communications. 2/15
@Facebook points to other means for The Gambia to seek the requested information, namely the SCA exception referring to the state-to-state procedure in 18 USC § 2523 (see law.cornell.edu/uscode/text/18…), or pursuant to mutual legal assistance provisions in various treaties. 3/15
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#Germany #TheGambia #BadenWuerttemberg #Stuttgart #raid #criminals #refugees

The Attorney General is investigating several asylum seekers from The Gambia. They are believed to have been involved in torture, ill-treatment and murder in their home country as military personnel.
The Federal Criminal Police Office (BKA), together with officials from the State Criminal Police Office (LKA) Baden-Württemberg, searched the homes of seven Gambian nationals on Wednesday for information.
The men are suspected of being involved in the torture, ill-treatment and murder of opposition figures for the regime of former Gambian dictator Yahya Jammeh. The seven suspects are registed as reguees and sayed they are relativs to units of a failed coup 2014.
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#FunFact #TheGambia

The Gambia is the smallest nation on mainland africa and is surrounded by Senegal. Its also called the smiling coast of Africa. Its the 159th largest nation in the world with 10,689 square kilometers (4,127 square miles).
The Gambia is a very small and narrow country with the border based on the Gambia River. The country is less than 48 kilometers (30 miles) wide at its greatest width. 11.5% of the country is total water by the Gambia river.
The first written records of the region come from Arab traders in the 9th and 10th centuries. The Portuguese reached this area by sea in the mid-15th century, and began to dominate overseas trade.
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Today’s #ICJ decision on provisional measures against #Myanmar is a big win for #TheGambia and for #Rohingya communities, but it is important to understand what the ICJ decided and also what it did not decide. 1/3 nytimes.com/2020/01/23/wor…
The ICJ found that #Rohingya in Myanmar ‘remain extremely vulnerable’ and that there is a serious risk that acts constituting genocide could occur. The basis for the measures is to protect the right of the Rohingya not to suffer acts that threaten their existence as a group. 2/3
But the ICJ hasn't yet decided whether Myanmar is in violation of the Genocide Convention or if its conduct meets the strict legal definition of genocide. These are merits questions, and a determination that Myanmar has committed genocide is not a foregone conclusion. 3/3
Read 3 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
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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?
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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.
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Another observation about the new #ICJ case against #Myanmar: #TheGambia has named Navi Pillay as its judge ad hoc. Pillay, the eminent South African jurist, has been a judge at the ICTR and ICC and was the UN High Commissioner for Human Rights from 2009-2014. 1/3
While the facts most central to the case against Myanmar date from 2016 on, Pillay (as UNHCHR) oversaw investigations into prior violence against the #Rohingya and understandably made many public statements on the situation. This could generate a challenge to her appointment. 2/3
There are past instances when Members of the Court recused themselves because they had dealt with matters relating to a case in previous capacities within international organizations (thus not only as government officials). Another issue to watch. 3/3
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In view of #TheGambia case versus #Myanmar at the #ICJ alleging genocide against the #Rohingya, there may be calls for other states to file their own cases or to intervene under Article 63 of the ICJ Statute. A few thoughts here about why I'm skeptical about such proposals. 1/5
For example, this piece by @PhelimKine urges other states to file their own #ICJ cases ‘to create a critical mass of international opprobrium’ targeting #Myanmar. The underlying idea is well-intentioned, but I think it is unnecessary and risks being counter-productive. 2/5
Additional cases or interveners will slow down and complicate the proceedings. It could lead to competing legal strategies that undermine each other. And, ultimately, I don’t think having multiple states involved will influence the ICJ’s conclusions one way or another. 3/5
Read 5 tweets

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