Statement Attributable to the Spokesman for the Secretary-General – on the International Court of Justice Order in the Case “The Gambia vs. Myanmar”
The Secretary-General welcomes the Order of the International Court of Justice, indicating provisional measures in the case of The Gambia against Myanmar on the alleged breaches of the Convention on the Prevention and Punishment of the Crime of Genocide.
The Secretary-General notes the Court’s unanimous decision to order Myanmar, in accordance with its obligations under the Genocide Convention, “to take all measures within its power” in relation to the members of the Rohingya group in its territory, to prevent the commission of acts within the scope of Article II of the Convention, including killing, causing serious bodily or mental harm, deliberately inflicting conditions of life calculated to bring about the group’s destruction and imposing measures intended to prevent births.
He also notes the Court’s instruction to Myanmar to ensure that its military, as well as any irregular armed units directed or supported by it and any organizations and persons subject to its control, do not commit such acts; also, that they do not conspire to commit genocide, do not directly and publicly incite the commission of genocide, do not attempt to commit genocide and are not complicit in genocide.
Further, the Secretary-General notes the Court’s order to Myanmar to ensure the preservation of evidence related to allegations of acts within the scope of the Genocide Convention, as well as to report to the Court on the implementation of all provisional measures on a regular basis.
The Secretary-General strongly supports the use of peaceful means to settle international disputes. He further recalls that, pursuant to the Charter and to the Statute of the Court, decisions of the Court are binding and trusts that Myanmar will duly comply with the Order from the Court.
In accordance with the Statute of the Court, the Secretary-General will promptly transmit the notice of the provisional measures ordered by the Court to the Security Council.