Myanmar Delegation attends the public hearing related to Preliminary Objections raised by Myanmar
NAY PYI TAW February 22
The International Court of Justice is holding public hear-ing relating to the preliminary objections raised by Myanmar concerning the application filed by the Gambia alleging Myanmar of violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide ,from 21 February to 28 February 2022, at the Peace Palace, in The Hague, Netherlands. The Myanmar delegation led by the Agent of Myanmar, Union Minister for International Cooperation, H.E. U Ko Ko Hlaing and the Alternate Agent of Myanmar, Union Minister for Legal Affairs and Attorney-General Dr. Thi Da Oo is attending the afore-mentioned public hearing.
During the Myanmar’s first round of oral argument on 21 February 2022, the Agent of Myanmar, Union Minister for International Cooperation, H.E. U Ko Ko Hlaing presented the opening statement. (The full text of the opening speech appears separately on page 21.)
Then Dr. Christopher Staker presented the Myanmar first preliminary objection that the Court lacks jurisdiction, or alternatively the application is inadmissible, as the real applicant in these proceedings is the Organisation of Islamic Cooperation, not The Gambia. After that Professor Stefan Talmon argued Myanmar’s second preliminary objection which states the application is inadmissible, as The Gambia lacks standing to bring this case before the Court under Article IX of the Genocide Convention. Professor Robert Kolb then presented the Court that the application is inadmissible, as The Gambia cannot validly seise the Court due to Myanmar’s re-servation to Article VIII of the Genocide Convention as Myan-mar’s third preliminary objections. Finally, Dr. Christopher Staker argued that the Court lacks jurisdiction, or alternatively the application is inadmissible, as there was no esta-blished legal dispute between The Gambia and Myanmar on the date of filing of the Application instituting proceedings as fourth preliminary objection.
It is learnt that Gambia will present its first round of oral argument on 23 February 2022. Then Myanmar will make its second round of oral argument on 25 February 2022, followed by Gambia’s second round of oral argument on 28 February 2022.