Public Hearing: Lead Counsel and Advocate For Myanmar Raises Objection

The International Court of Justice is holding public hearing from 21 February to 28 February 2022 at the Peace Palace in The Hague of the Netherlands relating to the preliminary objections raised by Myanmar concerning the application filed by the Gambia alleging Myanmar of violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

The Lead Counsel and Advocate for Myanmar Mr. Christopher Staker presented his speech for the first preliminary objection. The speech includes that Myanmar contends that the Court lacks jurisdiction, or that the application is inadmissible, because the real applicant in these proceedings is the Organization of Islamic Cooperation, the “OIC”. Article 34, paragraph 1, of the Statute provides that only States may be parties in cases before the Court.

The OIC is an international organization, not a State. The written pleadings set out the contents of many documents giving details of dealings between The Gambia and the OIC and its other Member States leading up to these proceedings. The Gambia’s decision to “lead” this legal action was pursuant to a direct proposal of the OIC. Myanmar cannot know the particulars of The Gambia’s dealings with the OIC and its other Member States.

The question that arises directly in this case is whether an entity that is not a State can circumvent this limitation on the Court’s jurisdiction by appointing or tasking a State to bring a case on its behalf.

As to the law, it cannot be possible for an international organization to bring a case before the Court by using a State as proxy applicant. Myanmar will make its second round of oral argument on 25 February 2022, followed by Gambia’s second round of oral argument on 28 February 2022.