Gambia vs.

Myanmar

FACTS:
Gambia instituted proceedings against Myanmar concerning alleged violations of
the Convention on the Prevention and Punishment of the Crime of Genocide. The Gambia
seeks to found the Court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court
and on Article IX of the Genocide Convention. In its Application, The Gambia seeks
protection for “all members of the Rohingya group who are in the territory of Myanmar, as
members of a protected group under the Genocide Convention”. According to a 2016
Report of the United Nations High Commissioner for Human Rights, Rohingya Muslims
“self-identify as a distinct ethnic group with their own language and culture, and claim a
longstanding connection to Rakhine State”; however, “[s]uccessive Governments [of
Myanmar] have rejected these claims, and the Rohingya were not included in the list of
recognized ethnic groups. Most Rohingya are stateless”. The Application contained a
Request for the indication of provisional measures.