Description

Based on Gambia vs Myanmar, this article examines the viability and effectiveness of the International Court of Justice (ICJ) adjudication as a mechanism for resolving disputes over the application of the 1948 Genocide Convention. It first analyses the effectiveness of the ICJ’s adjudication in Gambia vs Myanmar, examining the ICJ’s structural amenabilities as the UN’s principal judicial organ, the unique potential of Gambia’s strategic litigation, and the ICJ’s potential remedies in this case followed by a brief review of past ICJ decisions on the Genocide Convention to determine the novelty of Gambia vs Myanmar dispute. The article explores the challenges of implementing and enforcing the ICJ’s prospective final judgment in the Gambia vs Myanmar case. It further examines the strength, limitations, and constraints of the alternative dispute settlement mechanisms outside the ICJ’s adjudication that Myanmar or the international community may have considered. The paper posits that the ICJ adjudication process in Gambia vs Myanmar is inextricably linked to several structural and procedural constraints of the ICJ and other intricate global political challenges that may threaten the prospect of a peaceful Rohingya resolution.

Keywords: ICJ, Adjudication, Genocide, Rohingya, Myanmar