The Gambia v. Myanmar: A Judgement for Judgement’s Sake, A Commentary on the Order of 23 January 2020 By Max Marolt*
I.
INTRODUCTION
In 1968 Paulo Frere published a book titled Pedagogy of the Oppressed. The book marks the beginning of the school of Critical Pedagogy. Frere viewed ‘activism’ as “action for action’s sake.”1 Drawing from this scholarship this paper is going to take a critical view on the judgement of The Gambia v. Myanmar and query; does the judgement have any meaningful impact for the victims? or is it solely a judgement for judgement’s sake? On 11 November 2019 the Republic of The Gambia (hereinafter ‘The Gambia’) filed an Application instituting proceedings against the Republic of the Union of Myanmar (hereinafter ‘Myanmar’) concerning alleged violations of the Convention on Prevention and Punishment of the Crime of Genocide (hereinafter ‘the Genocide Convention’). 2 On 23 January 2020, the International Court of Justice (hereinafter ‘ICJ’ or ‘the Court’) issued its order in response to the application of The Gambia. 3 The ICJ found that it has prima facie jurisdiction over the dispute. Correspondingly, the Court granted The Gambia’s requests and unanimously issued four provisional measures. The measures require Myanmar to adhere to the requirements of Article II of the Genocide Convention, and, in particular that Myanmar’s military, in addition to any other armed groups directly or indirectly supported by it on the territory of the Rohingya state, immediately seize any actions incompatible with the acts enumerated in that provision. 4 Furthermore, the Court required Myanmar to ensure the preservation of any evidence related to the allegations of acts of genocide and to file a report on all measures taken to give effect to this Order.5
*
LL.B. Candidate, International and European Law Program, The Hague University of Applied Sciences, LL.B. Candidate, Psychology, Leiden University. 1 Paulo Frere, Pedagogy of the Oppressed (Print Book, Penguin Books 1972). 2 UN General Assembly, Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948, United Nations, Treaty Series, vol. 78, p. 277, available at: https://www.refworld.org/docid/3ae6b3ac0.html [accessed 28 February 2021]. 3 Application of the convention on the prevention and punishment of the crime of genocide (The Gambia v. Myanmar) Order 23 January 2020. https://www.icj-cij.org/public/files/case-related/178/178-20200123-ORD-0100-EN.pdf. 4 ibid. 5 ibid para 86.
2020 issue 1 ILSA Law Journal
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