Gambia v. Myanmar : Myanmar's first oral arguments at ICJ

Myanmar presented its first oral arguments in the case brought by Gambia against Myanmar at the International Court of Justice in The Hague on January 16. The hearings are being held from January 12 to 29. Myanmar’s Agent, Union Minister at the President Office (2) U Ko Ko Hlaing, delivered the opening statement.

Myanmar’s lead counsel, Mr. Christopher Staker, explained Myanmar’s position, arguing that the evidence cited by Gambia, mainly reports from the UN Fact-Finding Mission, does not meet the required legal standard. He also said Myanmar does not recognize or cooperate with the UN investigative mechanisms, and stressed the reliability and scope of the allegations.

Myanmar’s lawyer Prof. Alina Miron addressed the legal requirements of intent under the Genocide Convention, stating that Gambia misapplied past court rulings and precedents. Lawyers Mr. Stefan Talmon and Ms. Chiara Cordone also argued that Myanmar’s actions were counter-terrorism measures, not acts of genocide, and said the court should not rely solely on the UN Fact-Finding Mission’s conclusions.

Then, Lawyer Ms. Leigh Lawrie KC spoke about the ARSA militant group, stating that ARSA carried out organized terrorist attacks in 2016 and 2017, and that  Myanmar’s security responses were a result of those attacks. She said ARSA’s role had been downplayed and should be fully considered by the court. The hearings will continue in the coming days.