Myanmar's intention to waste time
During hearing on the Myanmar's objection on the trial of Rohingya genocide in the International Court of Justice (ICJ), The Gambia said the court has dismissed the objections raised earlier and those should be rejected this time too.
The Gambia's attorney general Dawda Jallow made this statement when the hearing presided over by ICJ president Joan Donoghue began in The Hague, Netherlands, on Wednesday.
He said Myanmar could not place any acceptable arguments to change the unanimous decision of the court. Therefore, primary objections of Myanmar should be rejected expeditiously.
The Gambia argued that objections should be rejected this time too in accordance with the ICJ order on 23 January 2020.
Myanmar reasons in the primary objections are: 1.The case is not acceptable as The Gambia filed it on behalf of the Organisation of Islamic Conference (OIC) and the court has no jurisdiction. 2. The Gambia has no right to file the case. 3.Without being affected, no party can go to the ICJ as Myanmar has not agreed to Section 8 of the UN charter and 4. This case cannot continue as Myanmar has no dispute with The Gambia.
Raising these baseless claims, The Gambia gave their answers in writing in April last year, which were uploaded on the ICJ website on Monday night.
The hearing on the Myanmar's objection is being held partly in-person and the rest virtually.
As a representative of the Gambia, justice minister and attorney general Dawda Jallow and solicitor general Hussein Thomasi were present at the court.
Dawda Jallow said the Gambia as a signatory to the charter of genocide went to the court to stop the genocide, not as proxy for anyone.
US Supreme Court lawyer Paul Reichler said Myanmar did nothing to improve the situation in the last two years after the interim order of the court. Quoting the latest report of UN special rapporteur, he said Rohingya people especially women and children, has no value to the Myanmar army. The primary petition of Myanmar submitted to the court is to delay the trial.
Another lawyer Andrew Lowenstein said Myanmar is trying to erase the name of Gambia and to include OIC there and on that pretext they have challenged the jurisdiction of hearing. Terming this initiative of Myanmar unprecedented, and describing chronological steps of the Gambia about the case, he said as a sovereign state, The Gambia has taken this legal step and sought assistance from others.
Placing concluding arguments, professor of international law at the University of London, Philippe Sands, said there is none but the Gambia and that is established in all respects. The Gambia is not representative of any party. If the claim of Myanmar that the country which is not affected cannot file case is taken into consideration, the rest of the world has nothing to do if a state is eliminated on the basis of ethnicity and religion.
Myanmar on Friday will answer the arguments of The Gambia through their arguments in second phases. The Gambia will place their arguments for the second time on 28 February.
In 2020, ICJ in its interim order dismissed the objection of Myanmar over the jurisdiction of the court in settling dispute between the Gambia and Myanmar in light of genocide charter.
Dismissing Myanmar's allegation that the Gambia has filed the case on behalf of OIC, the court said The Gambia filed the case of its own and the country has right to seek assistance from any other organisations.
*This report, originally published in Prothom Alo print and online editions, has been rewritten in English by Rabiul Islam.