Gambia files genocide case against Myanmar | News | DW | 11.11.2019

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Gambia files genocide case against Myanmar

Gambia has lodged a grievance with the United Nations' top court, calling for an end to genocide in Myanmar. The Southeast Asian country is accused of using rape and murder to persecute its Rohingya Muslim minority.

Rohingya refugees gather at the Kutupalong camp in Cox’s Bazar to mark the second anniversary of the exodus (Reuters/R. Rahman)

Gambia filed a case on Monday accusing Myanmar of genocide against its Muslim-minority Rohingya people.

In a statement, lawyers for the Gambian government urged the International Court of Justice (ICJ) to order measures to "stop Myanmar's genocidal conduct immediately."

Read more: Rohingya people in Myanmar: What you need to know

The country filed the case on behalf of the Organization of Islamic Cooperation.

The Myanmar military launched a counterinsurgency operation in 2017, after an insurgent attack. The campaign targeted Rohingya areas, and allegedly saw atrocities committed against civilians who were driven from their homes.

Watch video 04:03

Are militants tightening grip on Rohingya?

More than 700,000 Rohingya fled to neighboring Bangladesh, with claims that they were forced out through the use of mass rapes, killings and burning of their homes.

Read more: UN fears Myanmar internet blackout a 'cover' for abuses

Gambia's statement alleges that "killing, causing serious bodily and mental harm, inflicting conditions that are calculated to bring about physical destruction, imposing measures to prevent births, and forcible transfers, are genocidal in character because they are intended to destroy the Rohingya group in whole or in part."

Gambia's Justice Minister Abubacarr Marie Tambadou said the action was being taken to "uphold and strengthen the global norm against genocide that is binding upon all states."

  • Bhasan Char, which means floating island in Bengali language, emerged less than 20 years ago in the Bay of Bengal. The island is located 30 kilometers (18.6 miles) away from mainland Bangladesh. The government of the Muslim-majority country plans to relocate some 100,000 Rohingya refugees to this island from overcrowded Cox's Bazar refugee camps.

    Inside Bangladesh's isolated 'Rohingya island'

    Far from the mainland

    Bhasan Char, which means "floating island" in Bengali language, emerged less than 20 years ago in the Bay of Bengal. The island is located 30 kilometers (18.6 miles) away from mainland Bangladesh. The government of the Muslim-majority country plans to relocate some 100,000 Rohingya refugees to this island from overcrowded Cox's Bazar refugee camps.

  • There is no proper transport for the common people to go to the island. Some people told DW that the roughness of the sea makes it difficult to reach the island on boats during the monsoon season.

    Inside Bangladesh's isolated 'Rohingya island'

    No easy transportation

    There is no proper transport for the common people to go to the island. Some people told DW that the roughness of the sea makes it difficult to reach the island on boats during the monsoon season.

  • The government has erected a 13-kilometer long and 3-meter high embankment to protect the island from high tide and floods. Still, the outer part of the embankment goes 3 to 4 feet underwater twice a month during high tides, according to the island shopkeepers.

    Inside Bangladesh's isolated 'Rohingya island'

    Protected by embankment?

    The government has erected a 13-kilometer-long and 3-meter-high embankment to protect the island from high tides and floods. Still, the outer part of the embankment goes 3 to 4 feet underwater twice a month during high tides, according to the island's shopkeepers.

  • The government has built 1,440 single-storey buildings, with 16 rooms in each, to house the Rohingya refugees. At least four members of a family have to live in a small room. 120 four-storey shelter houses are also available, to be used during cyclones.

    Inside Bangladesh's isolated 'Rohingya island'

    Identical buildings

    The government has built 1,440 single-storey buildings, with 16 rooms in each, to house the Rohingya refugees. At least four members of a family have to live in a small room. 120 four-storey shelter houses are also available, to be used during cyclones.

  • All buildings at Bhasan Char are equipped with solar panels to fulfil its energy demands. A big solar field and two diesel generators for electricity have also been installed. The island has a rainwater harvesting system as well as tube wells to provide drinking water.

    Inside Bangladesh's isolated 'Rohingya island'

    Solar power for energy

    All buildings at Bhasan Char are equipped with solar panels to fulfil their energy demands. A big solar field and two diesel generators for electricity have also been installed. The island has a rainwater harvesting system as well as tube wells to provide drinking water.

  • The silt island is called a floating island due to its unstable nature. Satellite images detected the island in 2002. Bangladeshi authorities have built a structure with pylons, gravel and sandbags to stop the erosion of the island.

    Inside Bangladesh's isolated 'Rohingya island'

    Protection from erosion

    The silt island is called a "floating island" due to its unstable nature. Satellite images detected the island in 2002. Bangladeshi authorities have built a structure with pylons, gravel and sandbags to stop the erosion of the island.

  • While some experts say the island is still very fragile and uninhabitable, climate change specialist Ainun Nishat is of the opinion that people can live here if the embankment is heightened to 6.5 to 7 meters. However, he doesn't think that farming is possible on the island.

    Inside Bangladesh's isolated 'Rohingya island'

    Is the island uninhabitable?

    While some experts say the island is still very fragile and uninhabitable, climate change specialist Ainun Nishat is of the opinion that people can live here if the embankment is heightened to 6.5 to 7 meters. However, he doesn't think that farming is possible on the island.

  • The refugees fear they could die as a result of cyclone if they are forcibly moved to the island. Many of their children could drown in the seas, they say.

    Inside Bangladesh's isolated 'Rohingya island'

    Rohingya fear cyclone, drowning

    The refugees fear they could die as a result of a cyclone if they are forcibly moved to the island. Many of their children could drown in the sea, they say.

  • While the island is almost ready to host Rohingya refugees, the government has yet to make a decision on transferring them to it. Several sources say the relocation could take place in November. The Bangladeshi government has hinted it might have to force the refugees to go there if no one chooses to leave the Cox's Bazar's refugee settlements.

    Inside Bangladesh's isolated 'Rohingya island'

    Will Rohingya move there?

    While the island is almost ready to host Rohingya refugees, the government has yet to make a decision on transferring them to it. Several sources say the relocation could take place in November. The Bangladeshi government has hinted it might have to force the refugees to go there if no one chooses to leave the Cox's Bazar's refugee settlements.

    Author: Arafatul Islam, Naomi Conrad


Risk of return to genocide

The head of a UN fact-finding mission on Myanmar last month warned of a "serious risk of genocide recurring."

Read more: Rohingya refugees steer clear of planned repatriation to Myanmar

In response, Myanmar's UN ambassador, Hau Do Suan, claimed that the UN mission had been one-sided and "based on misleading information and secondary sources." He said the Myanmar government — a signatory of the 1948 Genocide Convention — took accountability seriously. The convention compels signatory states to prevent and punish genocide. 

Prosecutors at the International Criminal Court (ICC) in July asked its own judge for permission to open a formal investigation into the alleged crimes against humanity in Myanmar.

The ICJ rules on disputes between nations, while the ICC rules on crimes allegedly committed by individuals.

Each evening at 1830 UTC, DW's editors send out a selection of the day's hard news and quality feature journalism. You can sign up to receive it directly here.

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