Evolution of the Case of Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Gambia v. Myanmar) in the Light of Erga Omnes Obligations

Document Type : Research Paper

Authors

1 Assistant Professor, Faculty of Law and Political Science, Tehran University, Tehran, Iran

2 Department of Law and Political Science, Yazd University , Yazd, Iran,

Abstract

The Present descriptive-analytic paper relying on the International Court of Justice's previous case-law on Erga Omnes obligations, following the investigation and anticipation of the outcome of the Gambia lawsuit against Myanmar in the case of application of the Convention on the Prevention and Punishment of the crime of genocide (1948) before The International Court of Justice. The foregoing research shows that, first, the Gambia request for provisional measures is sufficiently sufficient to achieve its intended purpose. Secondly, the obligations contained in the Convention considered as Jus Cogens and Erga Omnes Obligations which, although not affecting the jurisdiction of the Court, provide sufficient grounds for Gambia's right to file a lawsuit. The Rohingya group is also considered as the "protected group" under the Convention, but proving whether the Myanmar government is responsible for the commission of the crimes is based on evidence related to the control, direct or order of the perpetrators by the Myanmar government and the Court's assessment of the events. It will depend. The present case because it is based on Erga Omnes and Erga Omnes Partes Obligations, in line with the protection of human rights, can be a turning point in international law.

Keywords

References

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Journal of Legal Studies
Volume 12, Issue 3 - Serial Number 37
November 2020
Pages 279-311

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