In 2019, as a result of mass mobilization and popular protest against Omar Al Bashir and his administration, Sudan embarked on a process of transition. Currently, there is a transitional administration in place – a civilian and military administration – with a new cabinet announced early this year, as a result of the Juba Peace Agreement of 3 October 2020, relating to Darfur and...
This post analyzes the order issued by the Supreme Court of India on 8 April 2021, refusing to grant relief to a group of Rohingya, detained in preparation for deportation to Myanmar. I assess some of the international legal issues, most notably the principle of non-refoulement, as well as current international legal proceedings at the International Court of Justice in...
The news from Myanmar since 1 February 2021 has been stark – the Myanmar military or the “Tatmadaw” has detained politicians and activists including Aung San Suu Kyi, declared a year-long state of emergency in which the senior general and head of the army, Min Aung Hlaing is essentially in charge of the country. There are reports coming in of force being used against...
The International Court of Justice has just issued a press release, relating to the implementation of provisional measures orders before the court. This new development is important, and relates directly to The Gambia v Myanmar, before the court currently, and a case in which the ICJ has issued an order for provisional measures on 23 January 2020. What’s new? First, a bit about the development. Based...
On 18 September, the Netherlands announced that it was initiating legal proceedings against Syria, based on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). This move by the Netherlands brings many issues to the fore: the first is the scale and magnitude of torturebeing committed in Syria, documented in many reports and most recently in a court cases in Germany (under the aegis of...
Yesterday, the Netherlands and Canada announced that they would be supporting The Gambia formally, in its application before the International Court of Justice. The full statement can be found here. This does not come as a complete surprise. There have been discussions regarding the role that other states may play for sometime now, and this is a welcome development. The last state...
The contributions in the symposium this past week have brought up multiple issues and perspectives, pointing to challenges in the quest for justice and accountability for the Rohingya, and the role of international law. Rather than go over what has been highlighted already, here are a few reflections, linked to the international legal developments and the wider context. There is little...
[Priya Pillai is an international lawyer, head of the Asia Justice Coalition secretariat, and a contributing editor at Opinio Juris.] It has been three years since the forced exodus of the Rohingya from Myanmar was at its zenith, as a result of international crimes committed in Rakhine state. With close to a million individuals forced to flee to Bangladesh and other...
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...
On 4 February 2020, Foreign Policy published an article, “U.N. Chief Faces Internal Criticism over Human Rights”. While the article categorizes failures on the part of the UN relating to the human rights mandate of the organization, I was struck by the allegations relating to the role of the UN’s lawyers, in particular regarding Haiti. On 30 April 2020, the UN...
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...