In 2018, The Gambia instituted proceedings against Myanmar at the International Court of Justice (ICJ) under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The Gambia claims that Myanmar – ‘through its State organs, State agents, and other persons and entities acting on the instructions of or under the direction and control of Myanmar’ — is responsible for violations of a number of provisions of the Genocide Convention. The case has now reached its substantive, or merits, phase and The Gambia is required to file its Reply to the Counter-Memorial filed by Myanmar by 16 May next.
On legal advice it was decided not to seek to intervene in this case but the question of intervention is kept under regular review and, in the meantime, my Department will continue to monitor developments in this case.