ICJ rejection: Myanmar continues standing as per international laws, spokesperson says
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NP News - July 23
Myanmar’s ruling government State Administration Council will take a strong stand in accordance with the international laws with respect to the rejection made by the International Court of Justice (ICJ) yesterday and the lawsuit filed at the ICJ against Myanmar, Major General Zaw Min Tun said.
Minister Ko Ko Hlaing and Attorney-General Dr. Thida Oo arrived at The Hague on July 20 to attend the delivering session of the judgment on the preliminary objections raised by Myanmar.
Myanmar asserted four preliminary objections during the provisional measures hearings including that the Court lacks jurisdiction or the application is inadmissible. However, the Court made rejection so that it becomes a ‘Precedent’ that shall be considered for the court decision of subsequent cases in identical or similar facts or issues.
Major General Zaw Min Tun said, “This decision becomes a legal precedent. Therefore, it will affect all nations in the world. For us, the Myanmar government will take a strong stand in accordance with the provisos prescribed in the international laws. We expect that the ICJ will make the right benchmark in the international law history since the ICJ is the organization that mainly deals with international law.”
The four Preliminary Objections raised by Myanmar are as follows:
First, “that the Court lacks jurisdiction, or alternatively that the application is inadmissible, on the ground that the real applicant in these proceedings is the Organisation of Islamic Cooperation (the ‘OIC’), an international organization”;
Second, “that The Gambia, as a non-injured Contracting Party to the Genocide Convention, lacks standing to bring the case against Myanmar under Article IX thereof, because the Convention does not provide for the concept of an actio popularis. Furthermore, The Gambia is also barred from bringing the case because Bangladesh, as the Contracting Party specially affected by the alleged violations of the Genocide Convention purportedly committed by Myanmar, has entered a reservation to Article IX and has thereby waived its right to settle disputes relating to the interpretation, application or fulfillment of the Convention by bringing a case before the Court under that provision”;
Third, “that The Gambia, as a non-injured Contracting Party to the Genocide Convention, may not seise the Court with a case arising under that Convention since Myanmar, when acceding to the Convention, has entered a reservation to its Article VIII”; and
Fourth, “that the Court lacks jurisdiction, or alternatively the application is inadmissible, as there was no dispute between The Gambia and Myanmar on the date of filing of the Application instituting proceedings”.
Major General Zaw Min Tun continued, “The ICJ involves as one of the six main organizations of the United Nations. We take that the ICJ recognizes the position of the Myanmar government as it accepts the presence of the representatives of the Myanmar government in the proceeding.”
The case has been heard since the end of 2019 in The Hague in the Netherlands.