Myanmar appeared before the ICJ in this case to assist the honorable judges to make correct factual findings on the proposition made by The Gambia that the mainly-Muslim Rohingya had been subjected to genocide in Rakhine State in 2016-2017, according to Myanmar's Ministry of Foreign Affairs, as quoted from his official account on Facebook, Jakarta, Friday.
As concluded by the Independent Commission of Enquiry (ICOE) in its recent report, no genocide had occurred in Rakhine.
The Commission found that war crimes had occurred, and those are currently being investigated and prosecuted by Myanmar‘s national criminal justice system.
It is important for Myanmar that the court arrive at a factually correct decision on the merits of the case.
The unsubstantiated condemnation of Myanmar by some human rights actors has presented a distorted image of the situation in Rakhine and impacted Myanmar’s bilateral relations with several nations.
This has affected Myanmar’s ability to lay down the foundation for sustainable development in Rakhine.
It has become increasingly important to be aware of the fact that one of the historical functions of “provisional measures” is to protect the Court against possible accusations of failure to take preventive action at the start of a case.
"The Court's decision given in the present proceedings in no way prejudges the question of the jurisdiction of the Court to deal with the merits of the case or any questions relating to the admissibility of the application or to the merits themselves,” according to the Court ruling.
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