Rohingya Influx

ICJ Rohingya case: Fresh hearing, fresh hope

The International Court of Justice will begin a fresh round of hearings into the Rohingya genocide case amid renewed hope for justice today, a little over two years after The Gambia filed the case with the court.

The first round of hearings from Myanmar and The Gambia will be held at The Hague on February 21 and 23 and the second round on February 25 and 28 in a hybrid format, combining virtual and in-person presence.

The Gambia, backed by the Organization of Islamic Cooperation (OIC), opened the case against Myanmar at the ICJ in November 2019 for failing to prevent the genocide against Rohingyas.

About a million Rohingya refugees, who faced persecution in Myanmar's Rakhine State, are sheltered in Bangladesh. The largest influx of Rohingyas -- some 750,000 -- to Bangladesh was in 2017 following a military crackdown that the UN said had "genocidal intent".

After a preliminary hearing, the ICJ found that The Gambia's claims were substantial and ordered that Myanmar takes provisional measures to prevent further acts of genocide in the Rakhine State.

On October 23, 2020, The Gambia filed a memorial of more than 500 pages in its lawsuit against Myanmar, detailing how the then Myanmar government was responsible for the Rohingya genocide.

Myanmar has not yet taken any initiative to grant citizenship or ensure other basic rights that Rohingyas have been deprived of.

Moreover, the Aung San Suu Kyi-led government while in power raised objections on January 20 last year over the eligibility of The Gambia for filing the case.

The political scenario changed in Myanmar with the country's military seizing control and the elected Suu Kyi-led government running a parallel government, the National Unity Government (NUG).

Although the NUG is yet to get international recognition, the UN General Assembly has kept Kyaw Moe Tun -- appointed during the Suu Kyi-led government -- as the incumbent Permanent Representative for Myanmar to the UN.

On February 1, the NUG said it had withdrawn all preliminary objections to the case and that it accepts the jurisdiction of the ICJ for hearing the allegations.

The NUG also said it will work towards international criminal accountability and grant jurisdiction to the International Criminal Court for all crimes within Myanmar covered by the Rome Statute since July 2002.

It however is not certain whether this would affect the legal process as the NUG said that through a "bureaucratic idiosyncrasy" the ICJ has been communicating with Myanmar diplomats in Brussels who were under the junta's control.

"Should the ICJ recognise the military, it would embolden the junta to continue and escalate its daily atrocity crimes," the NUG said.

The NUG said given that the "illegal military junta itself has unlawfully detained Myanmar's agent and deputy agent", Ambassador Tun is the acting alternate agent authorised to engage with the ICJ.

According to a Reuters report, the registered representatives for Myanmar were junta-appointed Ko Ko Hlaing, its envoy for international coordination, and Myanmar Union Attorney General Thida Oo, who will head an eight-member legal team for the hearings.

International relations analysts say while the NUG is trying to gain international recognition by cooperating with the ICJ, its public statements of working for a federal democracy and supporting international criminal justice for Rohingyas could have far-reaching implications.

"Majority of Myanmar people are against military rule and we believe the NUG would regain power today or tomorrow as the legitimate elected government," said Nay San Lwin, co-founder of Free Rohingya Coalition.

The NUG also has many secret documents proving the military junta's genocidal intent -- a fact that can establish the genocide case in the ICJ, he said.

Former Foreign Secretary Shahidul Haque said it does not matter if the military or NUG represents at the ICJ. The issue is Rohingya justice, and the NUG is publicly pledging to ensure it.

"In recent times, the Rohingya genocide case appeared dormant. This hearing is bringing the issue to the fore again," he said.

Prof Imtiaz Ahmed of the Dhaka University's international relations department said the Myanmar military is now under serious international pressure and even the ASEAN is not including it in meetings.

"This is the right time for the international community to come together strongly on the case of Rohingya justice, their citizenship and repatriation," he said. 

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ICJ Rohingya case: Fresh hearing, fresh hope

The International Court of Justice will begin a fresh round of hearings into the Rohingya genocide case amid renewed hope for justice today, a little over two years after The Gambia filed the case with the court.

The first round of hearings from Myanmar and The Gambia will be held at The Hague on February 21 and 23 and the second round on February 25 and 28 in a hybrid format, combining virtual and in-person presence.

The Gambia, backed by the Organization of Islamic Cooperation (OIC), opened the case against Myanmar at the ICJ in November 2019 for failing to prevent the genocide against Rohingyas.

About a million Rohingya refugees, who faced persecution in Myanmar's Rakhine State, are sheltered in Bangladesh. The largest influx of Rohingyas -- some 750,000 -- to Bangladesh was in 2017 following a military crackdown that the UN said had "genocidal intent".

After a preliminary hearing, the ICJ found that The Gambia's claims were substantial and ordered that Myanmar takes provisional measures to prevent further acts of genocide in the Rakhine State.

On October 23, 2020, The Gambia filed a memorial of more than 500 pages in its lawsuit against Myanmar, detailing how the then Myanmar government was responsible for the Rohingya genocide.

Myanmar has not yet taken any initiative to grant citizenship or ensure other basic rights that Rohingyas have been deprived of.

Moreover, the Aung San Suu Kyi-led government while in power raised objections on January 20 last year over the eligibility of The Gambia for filing the case.

The political scenario changed in Myanmar with the country's military seizing control and the elected Suu Kyi-led government running a parallel government, the National Unity Government (NUG).

Although the NUG is yet to get international recognition, the UN General Assembly has kept Kyaw Moe Tun -- appointed during the Suu Kyi-led government -- as the incumbent Permanent Representative for Myanmar to the UN.

On February 1, the NUG said it had withdrawn all preliminary objections to the case and that it accepts the jurisdiction of the ICJ for hearing the allegations.

The NUG also said it will work towards international criminal accountability and grant jurisdiction to the International Criminal Court for all crimes within Myanmar covered by the Rome Statute since July 2002.

It however is not certain whether this would affect the legal process as the NUG said that through a "bureaucratic idiosyncrasy" the ICJ has been communicating with Myanmar diplomats in Brussels who were under the junta's control.

"Should the ICJ recognise the military, it would embolden the junta to continue and escalate its daily atrocity crimes," the NUG said.

The NUG said given that the "illegal military junta itself has unlawfully detained Myanmar's agent and deputy agent", Ambassador Tun is the acting alternate agent authorised to engage with the ICJ.

According to a Reuters report, the registered representatives for Myanmar were junta-appointed Ko Ko Hlaing, its envoy for international coordination, and Myanmar Union Attorney General Thida Oo, who will head an eight-member legal team for the hearings.

International relations analysts say while the NUG is trying to gain international recognition by cooperating with the ICJ, its public statements of working for a federal democracy and supporting international criminal justice for Rohingyas could have far-reaching implications.

"Majority of Myanmar people are against military rule and we believe the NUG would regain power today or tomorrow as the legitimate elected government," said Nay San Lwin, co-founder of Free Rohingya Coalition.

The NUG also has many secret documents proving the military junta's genocidal intent -- a fact that can establish the genocide case in the ICJ, he said.

Former Foreign Secretary Shahidul Haque said it does not matter if the military or NUG represents at the ICJ. The issue is Rohingya justice, and the NUG is publicly pledging to ensure it.

"In recent times, the Rohingya genocide case appeared dormant. This hearing is bringing the issue to the fore again," he said.

Prof Imtiaz Ahmed of the Dhaka University's international relations department said the Myanmar military is now under serious international pressure and even the ASEAN is not including it in meetings.

"This is the right time for the international community to come together strongly on the case of Rohingya justice, their citizenship and repatriation," he said. 

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হোয়াইট হাউসের নতুন ওয়েবসাইট বলছে ‘করোনাভাইরাস চীনের ল্যাবে তৈরি’

‘মহামারি শেষ হয়ে গেছে’ এই যুক্তির ভিত্তিতে কোটি কোটি টাকা কোভিড তহবিল হ্রাস করার পর এই পদক্ষেপ নিয়েছে ট্রাম্প প্রশাসন।

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