IPS explains the story behind Gambia’s lawsuit against Myanmar

The Inter Press Service (IPS) has published an article explaining the background the lawsuit filed by Gambia against Myanmar in the International court of Justice on November 11 for its atrocities against the Rohingya population.

The first public hearings at the International Court of Justice (ICJ) will be held Dec. 10-12. Aung San Suu Kyi will appear to contest the case.

The crisis has been going on for decades but it's crucial time for the lawsuit as Rohingya people still refuse to go back which shows the lack of security for them in Myanmar.

"No one has been held accountable," Akila Radhakrishnan, President of Global Justice Center (GJC), told IPS. "It's the same forces [that] remain in Rakhine state, they remain kind of [as a] part of the military with no punishment. There's no feeling that there's safety and security to go back to Myanmar."

The Attorney General and Minister of Justice of the Gambia Abubacarr M Tambadou decided to file the lawsuit after his recent visit to Cox's Bazar in Bangladesh.

He found a similarity in Rohingya exodus with Rwandan genocide where he also worked to bring justice for.

One of the key things being asked in the lawsuit is the request for provisional measures that would require the Myanmar government, on a basis of "extreme urgency", to set a hearing date for Myanmar government to "restrain certain conduct" by Myanmar that's enabling the genocide, Paul Reichler, head of Foley Hoag, the law firm leading the lawsuit, explained to IPS. 

"When you file a suit, you want to make sure the very object of the suit is not destroyed while the case is pending in court," he explained. "The Gambia will be asking the court to order Myanmar to cease all acts of genocide against the Rohingya."

But a question arises that how can Myanmar stop actions of which they do not take any liability?

"The court may wish to define what kind of acts should be stopped so the order makes clear what Myanmar is prohibited from doing," Reichler said. "[The] main thing we're asking for is final judgment…in the interim to prevent further irreparable harm." 

After Gambia filed a lawsuit against another lawsuit was filed by Argentina against leaders in Myanmar including Aung San Suu Kyi being the first Nobel peace laureate to be charged with.

She however did not move from her position and continues to justify the torture accusing them "terrorist" owing to a 2017 attack that caused the recent exodus.