Author: Priya Pillai

The Gambia initiated legal proceedings in the United States a few months ago against Facebook, in order to compel the company to hand over information related to its ongoing case against Myanmar, relating to the Rohingya, before the International Court of Justice.  This legal strategy is in accordance with a provision of U.S. law - §1782 of the U.S. Code, a federal statute which permits the compelling of testimony,...

The United Nations Human Rights Committee has adopted General comment No. 37 on the right of peaceful assembly emanating from Article 21 of the International Covenant on Civil and Political Rights (ICCPR). The final document was made available last week, and can be found here.    The adoption of this general comment – which is in effect an explanation or translation of Article 21...

This post looks at some of the issues and lessons that will impact the new prosecutor, emanating from the few situations related to Asia – a region that is often overlooked in the context of international justice. Other posts in our symposium have gone into details of the prosecutor’s position, responsibilities and qualifications. In this, I take a step back from the minutiae, and look at...

On 3 March, news reports indicated that that the UN High Commissioner for Human Rights (High Commissioner) filed an intervention at the Supreme Court of India, linked to petitions challenging the Citizenship Amendment Act of 2019 (CAA). This legislation – along with a population and citizenship register – has been the focus of nationwide protests across India.  In brief, the CAA seeks to ease a path...

Yesterday, the International Court of Justice issued its decision relating to the request for provisional measures in the case brought by The Gambia against Myanmar, relating to the Genocide Convention and the Rohingya. This order is the result of an application filed by The Gambia on 11 November 2019 at the ICJ.  As I have previously written about the application, as well as days 1, 2 and 3 of the hearings held...

The International Court of Justice has just last week commenced and concluded provisional measures hearings in a case between The Gambia and Myanmar. It is based on allegations of violations of the Genocide Convention and is the culmination of years of persecution of the Rohingya, an ethnic Muslim minority in Myanmar’s Rakhine state. While there have been waves of atrocities, in...

On 11 December 2019, Myanmar presented its case before the International Court of Justice, in the matter of provisional measures brought by The Gambia in relation to the Rohingya, under the Genocide Convention. Even though the hearings were for a specific determination – that of provisional measures – the arguments presented by Myanmar are a glimpse of the legal strategy...

Yesterday The Gambia commenced its arguments in the case against Myanmar at the International Court of Justice, relating to the application of the Genocide Convention and the Rohingya. After filing its application on 11 November, in which The Gambia initiated the case at the ICJ and also asked the court to order interim measures of protection, the hearings over three days are for a specific purpose – to...

The past week has been a momentous one for the Rohingya, in their quest for justice and accountability.  On Monday 11 November, The Gambia filed an application at the International Court of Justice (ICJ) alleging violations of the genocide convention against Myanmar. On 13 November, a case was filed in Argentine domestic courts on the basis of what is termed ‘universal jurisdiction’ against members...