Tag Archives: genocide

Myanmar begins defence in landmark genocide case at UN World Court

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Addressing judges in The Hague, Ko Ko Hlaing, speaking as Myanmar’s agent, said his country fully recognizes the importance of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide but 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 country’s 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 Beek

Ko 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 military’s 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, including provisional measures issued 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 the COVID-19 pandemic 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 Court’s final judgment, which could take months after the hearings conclude, will be legally binding.

 

Human Rights Council hears concerns over displacement, genocide risks and migrant trafficking

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Of the record 83 million people internally displaced worldwide, at least 1.2 million were displaced by crime-related violence in 2024 – more than double the 2023 figure – amid a global decline in support for international norms, human rights and the rule of law.

The growing reach of organised crime in driving displacement and rights violations was the focus of a report delivered Monday morning by the Special Rapporteur on the human rights of internally displaced persons, Paula Gaviria Betancur.

Driving displacement

As violent conflicts worsen globally, displacement is increasingly driven by the threat of violence or the desire of criminal groups to control territory, resources and illicit economies.

Additionally, in places like Sudan, Palestine and the Democratic Republic of the Congo (DRC), occupying powers and criminal groups are systematically uprooting communities to alter demographics, treating IDPs as military targets.

“Displacement is no longer just a consequence of conflict – it is increasingly its deliberate objective,” Ms. Betancur warned.

In these regions, either the State enables impunity for violent groups or national security operations worsen the crisis by punishing victims and fuelling further displacement, eroding state legitimacy.

IDPs in these contexts “face grave violations of their human rights,” including “murder, violent assault, kidnapping, forced labour, child recruitment and sexual exploitation,” she said.

“The rise in global displacement is the result of systemic failure – the failure of States and the international community to tackle its root causes,” Ms. Betancur concluded, calling for stronger support for the UN and accountability for criminal groups.

Genocide risks in conflict areas

Virginia Gamba, Special Adviser on the Prevention of Genocide, briefed the council on escalating risks in Sudan, Gaza, the DRC and beyond during Monday’s session.

In Sudan, where over 10.5 million have been displaced since fighting erupted in April 2023, both the Sudanese Armed Forces and the Rapid Support Forces (RSF) are committing grave rights violations.

Ethnically motivated attacks by the RSF in certain regions mean “the risk of genocide, war crimes and crimes against humanity in Sudan remains very high,” Ms. Gamba underscored.

Turning to Gaza, she called the scale of civilian suffering and destruction “staggering and unacceptable,” noting the conflict has also fuelled rising antisemitism and Islamophobia worldwide.

Hate speech fuelling violence

As attacks on civilians and ethnic violence continue in the DRC, hate speech and discrimination have surged.

But this surge is also occurring worldwide, further exacerbating the risk of genocide.

“Hate speech – which has been a precursor for genocide in the past – is present in far too many situations, often targeting the most vulnerable,” said Ms. Gamba, highlighting refugees, Indigenous peoples and religious minorities.

For genocide prevention, she urged greater efforts to monitor hate speech, expand education efforts, and strengthen partnerships with regional organizations.

“The task of preventing genocide remains critical and urgent—the moment to act is now,” she stressed.

Trafficking of migrant domestic workers

Special Rapporteur on trafficking in persons, Siobhán Mullally, presented her report on the trafficking risks faced by migrant domestic workers.

“The specific nature of domestic work, and weak regulatory responses by States, produce a structural vulnerability to exploitation,” Ms. Mullally said.

The crisis disproportionately affects women, as they make up the majority of domestic workers and 61 per cent of trafficking victims detected globally in 2022.

Conditions of domestic work

Many women from disadvantaged communities are promised jobs abroad, but upon arrival, realise they have been conned. They endure violence, labour abuses and sexual exploitation but are unable to pay the exorbitant penalty for terminating their work contracts.

Ms. Mullally cited the legacy of slavery, gendered and racialised views of domestic work and intersecting discrimination as key factors behind poor conditions and trafficking risks.

Most States lack the political will to enforce labour laws in the domestic work sector, reinforcing this crisis, she said, calling for stronger labour laws, safe migration pathways, bilateral agreements grounded in human rights and an end to the criminalisation of trafficking victims.

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World Court ICJ orders Russia to stop war immediately; Is it binding?

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The International Court of Justice (ICJ), the highest judicial body in the world, on Wednesday ordered Russia to suspend its military operations in Ukraine, though its orders are not mandatory for defying member nations.

In a vote of 13-2, the decision was to ask the Russian Federation to quickly suspend military operations it started on February 24. “The Russian Federation shall immediately suspend the military operations that it commenced on Feb 24, 2022 in the territory of Ukraine,” the judges said as quoted by Reuters.

Ukraine President Volodymyr Zelenskyy praised the outcome at the world court and said, “Ukraine gained a complete victory in its case against Russia at the ICJ. The ICJ ordered to immediately stop the invasion. The order is binding under international law. Russia must comply immediately. Ignoring the order will isolate Russia even further”.

On 26 February, Ukraine filed an application against Russia concerning “a dispute” on the interpretation, application and fulfilment of the Genocide Convention. Ukraine contended that having falsely claimed acts of genocide against the people of the Luhansk and Donetsk oblasts, Russia declared and implemented a “special military operation” to prevent and punish the purported acts.

The ICJ asked Russia to immediately suspend its attacks and cease all military operations as they were based on Moscow’s stated purpose of preventing or punishing Ukraine for committing genocide.

The Court also noted that Russia had decided not to participate in oral proceedings and later, presented a document setting out its position that in this case, the Court lacks jurisdiction and requested it to “refrain from indicating provisional measures and to remove the case from its list.”

Meeting conditions

In delivering the ruling, President of the Court Joan Donoghue of the United States, outlined that the necessary conditions were met to give the ICJ the authority to indicate provisional measures, namely that the rights asserted by Ukraine are plausible and the condition of urgency was met in that acts causing irreparable prejudice can “occur at any moment.”

“Indeed, any military operation, in particular one on the scale carried out by the Russian Federation on the territory of Ukraine, inevitably causes loss of life, mental and bodily harm, and damage to property and to the environment,” said the ICJ President.

On behalf of the world court, she continued, “the civilian population affected by the present conflict is extremely vulnerable,” adding that Russia’s aggression has resulted in “numerous civilian deaths and injuries…significant material damage, including the destruction of buildings and infrastructure”.

“Attacks are ongoing and are creating increasingly difficult living conditions for the civilian population. Many persons have no access to the most basic foodstuffs, potable water, electricity, essential medicines or heating. A very large number of people are attempting to flee from the most affected cities under extremely insecure conditions,” she explained.

The judges were unanimous in their order that both parties refrain from any action that might “aggravate or extend the dispute…or make it more difficult to resolve.”