ICJ orders Myanmar to protect Rohingya

Group at 'serious risk of genocide' and govt must exercise influence over its military

The International Court of Justice ruled yesterday that Myanmar shall "take all measures within its power to prevent all acts" prohibited under the 1948 Genocide Convention, and it must report back within four months. Rohingya refugees at the Thet Ke
Rohingya refugees at the Thet Kel Pyin internally displaced persons camp in Sittwe, Rakhine state. PHOTO: EPA-EFE
The International Court of Justice ruled yesterday that Myanmar shall "take all measures within its power to prevent all acts" prohibited under the 1948 Genocide Convention, and it must report back within four months. Rohingya refugees at the Thet Ke
The International Court of Justice ruled yesterday that Myanmar shall "take all measures within its power to prevent all acts" prohibited under the 1948 Genocide Convention, and it must report back within four months. PHOTO: EPA-EFE

THE HAGUE • Rejecting arguments made by Myanmar's civilian leader Aung San Suu Kyi, the International Court of Justice (ICJ) at The Hague ruled yesterday that Myanmar must act to protect Rohingya Muslims, who have been killed and driven from their homes in what the country's accusers call a campaign of genocide.

Mostly Muslim Gambia launched a lawsuit in November at the United Nations' highest body for disputes between states, accusing Myanmar of genocide against the Rohingya.

Yesterday's ruling dealt only with Gambia's request for so-called preliminary measures, the equivalent of a restraining order for states.

While the court's final decision could take years to reach, the 17-judge panel made clear in a unanimous ruling that the court believes the Rohingya are in danger now, and steps must be taken to protect them.

Although the court has no enforcement power, any UN member can request action from the Security Council based on its rulings.

The Rohingya remain "at serious risk of genocide", presiding judge Abdulqawi Yusuf said.

Myanmar shall "take all measures within its power to prevent all acts" prohibited under the 1948 Genocide Convention, it said. Myanmar must report back within four months. It ordered the Myanmar government to exercise influence over its military and other armed groups to prevent "killing members of the group, causing serious bodily or mental harm to the members of the group, deliberately inflicting on the group conditions of life intended to bring about its physical destruction in whole or in part".

More than 730,000 Rohingya fled Myanmar after a military-led crackdown in 2017, and were forced into squalid camps across the border in Bangladesh.

UN investigators concluded that the military campaign had been executed with "genocidal intent".

Moments before the court began reading its ruling, the Financial Times published an article by Ms Suu Kyi, in which she said war crimes may have been committed against Rohingya Muslims but that refugees had exaggerated the abuses against them.

During a week of hearings last month, Ms Suu Kyi, winner of the Nobel Peace Prize in 1991, had asked the judges to drop the case.

"The court is of the opinion that the Rohingya in Myanmar remain extremely vulnerable," said Mr Yusuf, the presiding judge.

"The court is of the opinion that the steps (Myanmar) claimed to have taken to facilitate the return of Rohingya refugees... in Bangladesh, to promote ethnic reconciliation, peace and stability in Rakhine state, and to make its military accountable for violations of international humanitarian and human rights law, do not appear sufficient," he said.

More than 100 Myanmar civil society groups published a statement saying they hoped international justice efforts would "bring forth the truth". It added: "We understand very clearly that the ICJ case against Myanmar is directed towards those responsible for using political power and military might, and not to the people of Myanmar."

A spokesman for the military, General Myat Kyaw, said before the ruling that the military is not concerned about what the tribunal might decide.

If presented with evidence of war crimes, he said, commanders will pursue them. "We will take action in accordance with the military judicial framework if there is a war crime," he said. "What the Tatmadaw (military) did was a just war. If individuals violated the law, we will take action by military court."

NYTIMES, REUTERS

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A version of this article appeared in the print edition of The Straits Times on January 24, 2020, with the headline ICJ orders Myanmar to protect Rohingya. Subscribe