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INTERNATIONAL COURT OF JUSTICE APPLICATION INSTITUTING PROCEEDINGS AND REQUEST FOR PROVISIONAL MEASURES REPUBLIC OF THE GAMBIA v. REPUBLIC OF THE UNION OF MYANMAR
APPLICATION INSTITUTING PROCEEDINGS AND
REQUEST FOR PROVISIONAL MEASURES
To the Registrar of the International Court of Justice,
The undersigned, being duly authorized by the Government of the Republic of The
Gambia, states as follows:
1. In accordance with Articles 36(1) and 40 of the Statute of the Court and Article 38
of the Rules of Court, I have the honour to submit this Application instituting proceedings in
the name of the Republic of The Gambia (“The Gambia”) against the Republic of the Union of
Myanmar (“Myanmar”). Pursuant to Article 41 of the Statute, the Application includes
a request that the Court indicate provisional measures to protect the rights invoked herein from
imminent and irreparable loss.
I. Introduction
2. This Application concerns acts adopted, taken and condoned by the Government of
Myanmar against members of the Rohingya group, a distinct ethnic, racial and religious group
that resides primarily in Myanmar’s Rakhine State. These acts, which include 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. They
have been perpetrated in manifest violation of the 1948 Convention on the Prevention and
Punishment of the Crime of Genocide (the “Genocide Convention”). 1 These acts are all
attributable to Myanmar, which is thus responsible for committing genocide. Myanmar has
also violated other fundamental obligations under the Genocide Convention, including by
attempting to commit genocide; conspiring to commit genocide; inciting genocide; complicity
in genocide; and failing to prevent and punish genocide.
