Tue, 10 Jun 2025
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Maldives submits written observations in ICJ Rohingya genocide case
05 Mar 2025
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Photo: The President's Office
The Maldives has formally submitted its written observations in the case of The Gambia v. Myanmar at the International Court of Justice (ICJ), according to a statement from the Attorney General’s Office.
This case concerns the application of the Convention on the Prevention and Punishment of the Crime of Genocide and allegations of genocide committed against the Rohingya Muslim population in Myanmar’s Rakhine State.
The legal proceedings were initiated by Gambia on November 11, 2019, with the support of the Organisation of Islamic Cooperation (OIC).
The case accuses Myanmar of violating the Genocide Convention through systematic and widespread acts of genocide against the Rohingya community. This follows a brutal military crackdown in Myanmar, which forced hundreds of thousands of Rohingya to flee to neighbouring Bangladesh.
In response, the Maldives submitted a Declaration of Intervention under Article 63(2) of the Statute of the Court. On July 3, 2024, the ICJ deemed the Maldives’ intervention admissible and subsequently invited the country to present its written observations on substantive matters related to the case.
The written observations, submitted by Attorney General Uz. Ahmed Usham, focus on interpreting several key provisions of the Genocide Convention, particularly Articles I, IV, V, and VI. These articles outline the responsibilities of states in preventing and punishing acts of genocide.
Articles Referenced
- Article I – Genocide, whether committed in peacetime or during war, is recognised as a crime under international law. States that are parties to the Convention are obligated to prevent and punish such acts.
- Article IV – Any person, regardless of official position—whether a head of state, public official, or private individual—can be held accountable for genocide if they are involved in genocide, planning genocide, directly inciting genocide, attempting to commit genocide, or participating in genocide.
- Article V – Signatory states must enact the necessary legislation to implement the provisions of the Convention and ensure that individuals guilty of genocide are prosecuted and punished.
- Article VI – Persons accused of genocide may be tried either by a competent national court or by an international tribunal with recognised jurisdiction.
Myanmar has long denied citizenship to the Rohingya under its 1982 Citizenship Act, rendering them one of the world’s largest stateless populations. The crisis escalated in 2017, when a military crackdown forced over a million Rohingya to flee to Bangladesh, where they now reside in refugee camps under dire conditions.
The Maldives joins several other countries—including Ireland, Belgium, the Democratic Republic of the Congo, and Slovenia—in submitting declarations of intervention in the proceedings.
In its statement, the Attorney General’s Office reaffirmed the Maldives’ steadfast commitment to supporting international efforts for justice and ensuring accountability for crimes committed against the Rohingya. The Maldives also reiterated its broader dedication to upholding the principles of the Genocide Convention and strengthening global mechanisms for the prevention and punishment of genocide.
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