Ordering the Repatriation of the Rohingya

Abstract

The Gambia has applied for the International Court of Justice (ICJ) to hold Myanmar responsible for violating the Genocide Convention and to order Myanmar to return displaced Rohingyas to their homes. This essay argues that if Rohingyas have indeed been wronged under the Genocide Convention, an order for repatriation by the ICJ may naturally follow. The World Court has at times contributed to the progressive development of international law through its innovative interpretive exercises and in this case, too, the Court can take a similar course if it so chooses. Such an order would ameliorate the situation of thousands of persecuted Rohingyas presently living in desperate conditions.

Keywords: ICJ, Rohingya, The Gambia, Myanmar