Asia | Provisional justice

The UN’s highest court orders Myanmar to protect the Rohingya

The unanimous ruling is a rebuke for Aung San Suu Kyi; but it is unenforceable

THE INTERNATIONAL COURT OF JUSTICE (ICJ) in The Hague ruled on January 23rd that Myanmar must take action to protect the Rohingya, a persecuted Muslim minority group. It was the first international court ruling against Myanmar, which stands accused of genocide, and a stark rebuke to Aung San Suu Kyi, the country's de facto leader. She visited the court in person last month to deny allegations that in 2017 the army systematically burned Rohingya villages, murdering and raping thousands and prompting more than 730,000 of the terrified victims to flee to neighbouring Bangladesh.

In a complaint filed in November, the Gambia, acting on behalf of the Organisation of Islamic Co-operation, a body of 57 countries, not only accused Myanmar of violating an international treaty against genocide, but also argued that the Rohingya were still imperilled. While the court deliberated whether genocide had indeed been committed, the Gambia wanted it to impose temporary injunctions, known as “provisional measures”, to prevent any more harm being done. It asked the ICJ, which adjudicates disputes between members of the United Nations, to order Myanmar’s government to protect the Rohingya from violence, instruct the army to cease its persecution, preserve all evidence related to the allegations of genocide and submit a report to the court on the measures taken to comply with its orders within four months.

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