Order by the International Court of Justice (ICJ) on the Gambia’s Request for the Indication of Provisional Measures in the Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide

January 23rd, 2020  •  Author:   Ministry of Foreign Affairs , Malaysia  •  3 minute read

Malaysia considers the approval of the International Court of Justice (ICJ) on 23 January 2020 for the provisional measures requested by The Gambia in its Application of the Convention on the Prevention and Punishment of the Crime of Genocide as a step in the right direction to address the situation of the Rohingya.

The ICJ unanimously prescribed four (4) provisional measures for Myanmar to prevent all acts that amount to or contribute to the crime of genocide against the Rohingya; ensure that any military, paramilitary or irregular armed units, organisations and persons which may be subject to its control, do not commit any act of genocide against the Rohingya; not destroy or render inaccessible any evidence related to the events described in The Gambia’s Application; and to provide a report to the ICJ on all measures taken to give effect to the Order for provisional measures in four months and thereafter every six months, until decision on the case is rendered by the ICJ.

Malaysia is a member of the Ad-Hoc Ministerial Committee on the Accountability for Human Rights Violations against the Rohingya which was established under the ambit of the Organisation of Islamic Cooperation (OIC). On behalf of the OIC, The Gambia, in its capacity as the Chair of the aforementioned Committee, brought the case before the ICJ.

The decision reflects the serious concern of the international community on the need to address effectively the plight of the Rohingya and establish accountability and justice in respect of alleged serious human rights violations against the Rohingya, who have been regarded as the most persecuted community in the world. Malaysia is currently hosting more than 100,000 Rohingya refugees, who had fled Myanmar due to the crisis.

As a fellow State Party to the 1948 UN Genocide Convention, Malaysia calls on Myanmar to fulfil its obligations under the Convention to ensure that the crisis is not prolonged.  Malaysia wishes to reiterate its support for The Gambia. We look forward to the next proceedings of the ICJ on the Application of The Gambia, which requested the ICJ to adjudge on five matters, namely for Myanmar to be declared as breaching its obligations under the Genocide Convention; to cease forthwith any ongoing wrongful act and fully respect its obligations under the Genocide Convention; to ensure that persons committing genocide are punished by a competent tribunal; to perform the obligations of reparation in the interest of the victims of genocidal acts who are members of the Rohingya group; and to offer assurances and guarantees of non-repetition of violations of the Genocide Convention.

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