Myanmar begins defence in landmark genocide case at UN World Court

Myanmar on Friday rejected allegations of genocide against the Rohingya minority, telling the International Court of Justice (ICJ) that the Gambias case rests on unsubstantiated allegations, as public hearings continued in a landmark case on the application of the Genocide Convention.

Public hearings opened on Monday at the International Court of Justice (ICJ) in a landmark case brought by the Gambia against Myanmar, alleging violations of the Genocide Convention over the militarys treatment of the Rohingya minority.

Addressing judges in The Hague, Ko Ko Hlaing, speaking as Myanmars agent, said his country fully recognizes the importance of the 1948Convention on the Prevention and Punishment of the Crime of Genocidebut firmly denies breaching its obligations under international law.

A finding of genocide would place an indelible stain on my country and its people, he said, describing the proceedings as of fundamental importance for my countrys reputation and future.

Mr. Hlaing accused the applicant of relying on what he called rudimentary and partisan, including reports by a fact-finding mission, which are neither reliable nor objective, and were a condemnation without trial of Myanmar.

UN Photo/ICJ-CIJ/ Frank van BeekKo Ko Hlaing, Agent of Myanmar, addresses judges at the International Court of Justice (ICJ) in The Hague.

Myanmar acted against terrorists

Myanmar also rejected claims that its militarys so-called clearance operations in northern Rakhine state in 2016 and 2017 were genocidal in intent, maintaining they were counter-terrorism operations launched in response to attacks by the armed groups.

Obviously, Myanmar was not obliged to remain idle and allow terrorists to have free rein of northern Rakhine state, Mr. Hlaing told the Court, while acknowledging that civilians were killed and large numbers of people fled to Bangladesh as a result of the clashes.

He further disputed allegations that Myanmar denies the existence or rights of the Muslim population in northern Rakhine state, arguing that questions of citizenship, terminology and identity have nothing to do with genocide.

Myanmar said it has complied with all procedural orders of the Court, includingprovisional measuresissued in January 2020, and has submitted regular reports on steps taken.

It also reiterated its stated commitment to the repatriation of displaced people from Bangladesh, citing bilateral agreements and delays caused by theCOVID-19pandemic and natural disasters.

The case before the ICJ

The case stems from an application filed by Gambia in November 2019, accusing Myanmar of violating the Genocide Convention through acts allegedly committed during military operations in Rakhine state.

Those operations escalated in 2017, forcing more than 700,000 Rohingya to flee to Bangladesh amid widespread killings, sexual violence and village burnings, according to UN investigations. Nearly one million Rohingya remain refugees in Bangladesh.

The hearings, which will continue through late January, mark the first time the Court is examining the merits of the case. The Courts final judgment, which could take months after the hearings conclude, will be legally binding.

UN Photo/ICJ-CIJ/ Frank van BeekKo Ko Hlaing, Agent of Myanmar, addresses judges at the International Court of Justice (ICJ) in The Hague.

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