The International Court of Justice (ICJ) has issued a ruling ordering Myanmar to take steps to protect its Rohingya population and to preserve evidence of its actions taken against the Muslim minority group. The decision, which is most analogous to a restraining order, is the first of many in a lawsuit filed by Gambia against Myanmar, wherein Gambia alleges that Myanmar has committed genocide, forced displacement, and other human rights abuses against the Rohingya, all in violation of long-standing principles of international law.
The ICJ is responsible for hearing disputes between countries. Its jurisdiction is based on consent, and in order to be bound by the Court’s decisions, a country must voluntarily agree to be subject to the Court’s authority. It may, however, withdraw this consent at any time (including after a decision has been issued). Thus, while the Court’s decision against Myanmar is nominally a “compulsory” one, functionally the Court and the international community have very little recourse should Myanmar disregard the ICJ’s mandate, raising the risk that the Court’s opinion will have little impact on Myanmar’s behavior towards its Rohingya population.
