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
Dec 12, 2019 • 33 tweets • 13 min read
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
Dec 11, 2019 • 67 tweets • 15 min read
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
Dec 10, 2019 • 52 tweets • 18 min read
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.