Statement 143 Views

Statement by Ambassador Kyaw Moe Tun at General Debate on Agenda Item 73: “The Report of the International Court of Justice” of the 79th session of UN General Assembly

October 30th, 2024  •  Author:   Permanent Mission of Myanmar to the United Nations  •  5 minute read
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Mr. President,

I wish to thank President Salam of the International Court of Justice for his comprehensive report and congratulate him on his election as President of the Court.

At this moment, I must solemnly acknowledge the passing of former Judges Elaraby and Vereshchetin. Their distinguished careers in service to this Court shall be remembered with utmost respect.

Mr. President,

The report before us today illustrates a remarkable increase in State participation across both contentious and advisory proceedings. In this regard, I wish to express profound gratitude to the Members of the Court and the Registry for their unwavering dedication to the sound administration of justice and the peaceful resolution of international disputes.

The International Court of Justice, established under Article 92 of the UN Charter, functions as the principal judicial organ of the United Nations, entrusted with the responsibility of adjudicating interstate disputes and providing advisory opinions upon request from UN organs and specialized agencies. The Court’s position within the UN system and its commitment to upholding the rule of law in international relations underscores its fundamental role in strengthening the international legal order and promoting the peaceful settlement of disputes in accordance with international law.

In this context, with regard to Myanmar’s case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide, the National Unity Government not only welcomed the Court’s judgment as a crucial step toward substantive hearings on the atrocities perpetrated against the Rohingya during military operations in 2016 and 2017, but has also formally communicated to the ICJ our acceptance of the Court’s jurisdiction and the withdrawal of all preliminary objections and submitted regularly its reports in accordance with the Court’s decision.

Regarding representation of Myanmar at the Court, I wish to stress that any decision of the ICJ, one of the main organs of the United Nations, shall be in line with the decision of the General Assembly. Any contradiction will raise a question of coherence among the UN system.

Mr. President,

From a public international law perspective, the ICJ, as the principal judicial organ of the UN, must maintain systematic coherence with the UN system’s position, which has neither accepted the junta’s credentials nor recognized their legitimacy. Moreover, the foundational principle of international law, ex injuria jus non oritur (rights cannot stem from illegal acts), makes it clear that those who seize power illegally cannot claim legal rights from their unlawful actions, including the right to represent the state before international courts. This principle is particularly pertinent in the present situation, where the UN Security Council has explicitly condemned the military’s actions and systematic violations via S/RES/2669 (2022).

Mr. President,

I must draw urgent attention of the member states to the recent atrocities perpetrated by the junta forces in Butalin Township, Sagaing Region. In a calculated act of terror, the military junta brutally massacred twenty-four innocent civilians, including three children, three women, and one elderly person. The victims were not merely killed – they were savagely mutilated, their dismembered bodies deliberately displayed on fences of civilian houses. This methodical desecration of human remains through mutilation and their calculated public display transcend mere violations of international law – they represent a fundamental assault on human dignity and the very principles of humanity.

These unconscionable acts reveal a calculated strategy to inflict maximum psychological terror on communities, demonstrating an unfathomable departure from basic human morality and universal human values. The deliberate targeting of innocent civilians, including children, and the premeditated brutality of these acts are designed not only to destroy lives but to inflict collective trauma that will resonate across generations. Such barbarity represents not just war crimes but an assault on the very essence of human civilization.

The ICJ must reflect on how rendering space to these perpetrators of atrocity crimes in its proceedings risks undermining the very principles of international justice and human dignity that the Court is mandated to protect.

Mr. President,

In light of these atrocity crimes, the United Nations Security Council bears a fundamental responsibility to take immediate and decisive action to halt the military junta’s campaign of terror against civilians. Any attempt to shield these perpetrators – whether through diluting resolution, employing silent vetoes, or other diplomatic maneuvers – could seriously undermine international humanitarian principles and the collective responsibility to the protection of civilians.

Those who may consider such diplomatic obstacles should carefully weigh how their actions could weaken the international community’s capacity to prevent further atrocities and protect fundamental human dignity.

Mr. President,

I wish to conclude by reaffirming that the National Unity Government of Myanmar stands resolute in our commitment to the principles of justice, international law, and peaceful settlement of disputes. These foundational principles, together with our profound respect for the International Court of Justice’s role in maintaining international peace and security through law, remain central to our shared vision of establishing a federal democratic Myanmar founded on equality, justice, human dignity, and the rule of law.

I thank you.


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