Asia-Pacific

[Unnati Ghia is a final year law student at National Law School of India University, Bangalore and Editor at the National Law School of India Review.] The past decade has seen significant challenges posed to international human rights law. Armed conflicts, minority persecution and nationalist xenophobia have contributed to the increase in the number of stateless populations around the world. Much like the United States and Myanmar,...

[Shannon Raj Singh is a Visiting Fellow of Practice at Oxford’s Institute for Ethics, Law & Armed Conflict, where she is researching the duty to prevent atrocity crimes with Federica D’Alessandra, the founding Executive Director of the Oxford Programme on International Peace and Security.  Shannon is also an Associate Legal Officer at the Special Tribunal for Lebanon in The Hague. The views expressed herein...

[Waritsara Rungthong is Project Manager of the Refugee Rights Litigation Project in Bangkok, Thailand. Caroline Stover is Asia Programme Officer at ARTICLE 19 and a legal advisor to the Refugee Rights Litigation Project.] On 24 December 2019, the Royal Thai Government approved a regulation with the aim to establish a national screening mechanism  to manage “aliens” who cannot return to their country of domicile.  With the regulation adopted as...

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...

[Jenny Domino is Associate Legal Adviser of the International Commission of Jurists. The piece draws upon her previous in-country work as Harvard Law School Satter Fellow, and builds on her forthcoming publication on legally conceptualizing Facebook’s role in Myanmar’s incitement landscape.] The recently concluded The Gambia v Myanmar provisional measures hearing at the International Court of Justice (ICJ) renewed the focus on the crucial...

[Marta Bo is a Researcher at the Graduate Institute, Geneva and at the T.M.C. Asser Institute in The Hague.] On 14 November 2019, Pre-Trial Chamber III (PTC III) authorized the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) to investigate crimes allegedly committed against the Rohingya population (Article 15 Decision). This decision was unsurprising in light of the Jurisdiction Decision delivered by Pre Trial Chamber...

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...