Fascinating development in #ICJ case against #Myanmar: @Gambia_MOJ has taken legal action in US federal court to compel @Facebook to produce documents from Myanmar government & military-linked Facebook accounts that it suspended or took down. #Rohingya courtlistener.com/recap/gov.usco… 1/6
It’s not clear to me from the @Gambia_MOJ application whether the request would reach only material that was posted publicly on @Facebook by the named accounts & pages or would also cover private communications using Facebook messenger. No mention of WhatsApp. #Rohingya 2/6
This is an effort by @Gambia_MOJ to develop additional evidence that shows a government policy by #Myanmar directed at the physical destruction of the #Rohingya (ie genocidal intent), and this evidence also relates to the claim of incitement to commit genocide. 3/6
The evidence requested might also show that #Myanmar officials & military have engaged in anti-#Rohingya activities since January 2020 that run afoul of the Court’s Order indicating provisional measures. 4/6
One question is whether the @Gambia_MOJ discovery request can be handled in an expeditious manner and made to work with the ICJ’s briefing schedule; if there is pushback from @Facebook or #Myanmar, there is not much time before Gambia is due to file its memorial in October. 5/6
Unclear from @Gambia_MOJ filing if @Facebook is refusing to cooperate. Facebook already stands accused of failing to intervene in a timely manner to prevent misuse of its platform in #Myanmar. Does it want to be seen as impeding the #ICJ case re claims of genocide? #Rohingya? 6/6
Also: For an earlier commentary on the role @Facebook in #Myanmar in connection with atrocities committed against the #Rohingya, see this @opiniojuris piece by @EIrvingNL. opiniojuris.org/2018/09/07/the…
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