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Researh Sevice
Burma Ordered to Prevent Genocide Against
Rohingya
January 27, 2020
The International Court of Justice (ICJ) on January 23, 2020, ordered Burma to undertake four
provisional measures to prevent genocidal acts against the Rohingya and prevent the destruction and
ensure the preservation of evidence related to allegations of [genocidal] acts.
The ICJ order comes two days after Burma's Independent Commission of Enquiry (WOE) submitted its
final report to Burma's President Win Myint, indicating that while it had obtained evidence that war
crimes and serious human rights violations may have occurred during the 2017 clearance operations in
Rakhine State, it found no indications of genocidal intent.
The International Criminal Court (ICC) is also investigating the alleged forced deportation and other
related crimes against the Rohingya. While the ICJ order has no legal effect on U.S. relations with Burma,
Congress has been and continues to be attentive to the issue of Rohingya refugees and human rights
violations committed by Burmese security forces and other actors.
The ICJ Order
The ICJ order responds to a case brought by The Gambia (Gambia) against Burma (Myanmar) under the
Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). Gambia
requested that Burma be required to take six provisional measures. Of the six, four were ordered by the
ICJ, which require the Government of Burma to:
* Take all measures within its power to prevent genocidal acts against Rohingya;
* Ensure Burma's military and any irregular armed units under military control,
direction or influence do not commit or conspire to commit genocidal acts;
* Take effective measures to prevent the destruction and ensure the preservation of
evidence related to allegations of' genocidal acts; and
Congressional Research Service
https://crsreports.congress.gov
IN11215
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