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UN court rejects Myanmar challenge to genocide case

THE HAGUE (AFP) – The United Nation’s (UN) highest court ruled on Friday that a landmark case accusing military-ruled Myanmar of genocide against minority Rohingya Muslims can go ahead.

The International Court of Justice (ICJ) in The Hague threw out all of Myanmar’s objections to a case filed by the west African nation of The Gambia in 2019.

The decision paves the way for full hearings at the court on allegations over a bloody 2017 crackdown on the Rohingya by majority-Buddhist Myanmar.

“The court finds that it has jurisdiction… to entertain the application filed by Gambia, and that the application is admissible,” ICJ president Joan Donoghue said.

Hundreds of thousands of minority Rohingya fled the Southeast Asian country during the operation five years ago, bringing with them harrowing reports of murder, rape and arson.

A Rohingya family reaches the Bangladesh border after crossing a creek of the Naf river on the border with Myanmmar, in Cox’s Bazar’s Teknaf area. PHOTO: AP

Around 850,000 Rohingya are languishing in camps in neighbouring Bangladesh while another 600,000 Rohingya remain in Myanmar’s southwestern Rakhine state.

Gambian Justice Minister Dawda Jallow told reporters outside the court he was “very pleased that the court has delivered justice”.

Several dozen Rohingya activists demonstrated outside the court while the judgement was read out.

“This decision is a great moment for justice for Rohingya, and for all people of Burma,” said President of the Burmese Rohingya Organisation UK Tun Khin, referring to the country by its former name.

“We are pleased that this landmark genocide trial can now finally begin in earnest.”

Myanmar’s representative, attorney general Thida Oo, said her country was now “looking forward to finding the best way to protect our people and our country”.

Gambia filed the case in November 2019 alleging that Myanmar’s treatment of the Rohingya breached the 1948 UN Genocide Convention.

Myanmar was originally represented at the ICJ by Nobel laureate Aung San Suu Kyi, but she was ousted as civilian leader in a coup last year and is now in detention.

Myanmar had argued on several grounds that the court had no jurisdiction in the matter, and should dismiss the case while it is still in its preliminary stages.

But judges unanimously rejected Myanmar’s argument that Gambia was acting as a “proxy” of the 57-nation Organisation of Islamic Cooperation in the case.

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