Judith BeyerIt is important to understand that, also at the #ICJ, the role of experts is important. Today, #psychoanalysis and #anthropology were explicitly mentioned among others. "The court" is composed of people who learn (to judge) as humans. Law has to be interpreted always -our knowledge is key!
@philippesands.bsky.social brings out his personal copy of Raphael Lemkin's "Axis Rule in Occupied Europe" (1944) again, quoting him "... if these group should not be adequately protected, such lack...would result of int. disturbances... the persecuted would look for refuge elsewhere" #ICJ #Rohingya
After the break, the #ICJ hearings continue with The Gambia explaining why/how the court has relied on #UN reports in other cases where the #Genocide Convention was at stake. This, again, proves that the court draws on broad range of sources BEYOND those of strictly legal interpretations. #expertise
The Gambia mentions six #UN #FFM and #IIMM analytical reports in particular which have been products by fact-finding commissions, commissions of inquiry - they emanate from “disinterested witness”. Only #Myanmar objects to that, says the agent of The Gambia.
“Myanmar now invoked its own refusal to cooperate … although it was invited to do so five times, and even though the draft versions of the reports were shared…” says The Gambia.
very useful chart provided by the #IIMM on how the #ICJ operates, what the case #TheGambia vs #Myanmar is about, what happens after the hearings are over and why the case matters! iimm.un.org/sites/defaul...
The agent of The Gambia is ALSO quoting @[email protected] reporting - alongside the #IIMM and #FFM #UN reports. It is additional information that is used to corraborate evidence gathered elsewhere. So these reports are used as sources to which the #ICJ gives evidential weight! #Myanmar
There is something beautiful of having an agent of The Gambia advocating on behalf of the #Rohingya at the #ICJ.
"Justice" is a very difficult concept to explain in the context of (int.) law, but this here is a proper way to teach the world that Rohingya belonged - long before "taingyintha" existed.
The agent now cites Nick Cheesman's work to explain the concept of "national races" (taingyntha) vs. that of citizenship (see, for example: www.newmandala.org/myanmars-nat...)
How Myanmar's 'national races'...
How Myanmar's 'national races'...
#UN Fact-finding mission identified wide discimination against #Rohingya rgd. their papers / status without providing reasons for these decisions. They are now among the largest group facing #statelessness worldwide. 1978 operation "Dragon King" led to the flight of over 200.000 Rohingya...
"Legal identity starts with the birth certificate"
#Myanmar stopped registering #Rohingya babies' birth in the 1990s! #statelessness
"In Aung Mingalar, I heard the echoes of my childhood. You see, in 1944, as a Jew in Budapest, I too was a Rohingya." the agent of The Gambia is now citing George #Soros who had visited the camp ones ... #comparisons being made here that I think are really important to notice far beyond this case!
After the #Soros comparison ("...in 1944, as a Jew in Budapest, I too was a Rohingya"), the agent of The Gambia compared the Nurenberg trials after the 2nd World War with the situation at the #ICJ regarding the #Rohingya case right now. #comparison
After a break, The Gambia continues with a presentation on hate speech and propaganda, esp. on Facebook. I have two PhD students working on these aspects, one of them a #Myanmar national who had to flee the country as a result of the attempted coup. See www.soziologie.uni-konstanz.de/beyer/forsch...
Aktuelle Forschungsprojekte | ...
Aktuelle Forschungsprojekte | ...
Second Day of #ICJ hearings #TheGambia vs #Myanmar - there are no subtitles to the livestream. I assume because the court does not want to risk misinterpretation prone in (automated) translation ... if they don't allow it in juridical settings, why do we keep using it elsewhere? Words always matter.
I'm listening to this afternoon's #ICJ session as I was in meetings at my university throughout the day. You can find the video recording here: webtv.un.org/en/asset/k1q... I again emphasize that anyone working on other cases of ethnic cleansing/mass atrocities should pay attention to #Myanmar
THE HAGUE – The International ...
THE HAGUE – The International ...
THE HAGUE – The International Court of Justice (ICJ) holds public hearings in the case The Gambia v. Myanmar
The International Court of Justice (ICJ) holds public hearings on the merits of the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar: 11 States intervening) on 13 January 2026.
"Clearance operations were ... foreseeable and planned," drawing comparison to #Bosnia #Serbia - genocidal intent present in both cases, The Gambia says. The agent then focuses particularly on the systematic killing of children. It began with restricting food. www.developmentaid.org/api/frontend...
developmentaid.org/api/frontend/c...
developmentaid.org/api/frontend/c...
#Myanmar engaged in a concerted, multi-faceted effort ... to prepare the ground for ... the clearance operations." I am listening to gruesome details, knowing, that some of my closest Myanmar friends helped gather the evidence currently cited. They will forever remain anonymous. They are my heroes 🙏
3rd day of #ICJ starts with the most gruesome details of how #Rohingya were murdered by the #Myanmar military. There is a human side to be observed in court besides listening to acts of inhumanity: the agent was received by her team, representing #TheGambia, with reassuring words and a soft pat.
The agent of #TheGambia reports evidence of routinely coupling of mass rape of the mothers by soldiers of the #Myanmar army, WHILE their children were killed in front of them. It's unimaginable, but imagine we must. I wonder about the possibility of psychological counselling for agents / judges.
"Rape followed by killing is an obvious intent to destroy." "Mass gang rape as a notable pattern."
"Assaults were in open areas, in schools and mosques in houses ... a total of 80% of cases of rape were gang rapes; 82% of rapes were committed by the #military - this means the rest were by civilians!
The following member of #TheGambia delegation explains why today, the delegates focus on #children - because through them, a group is (or is not) sustained. Also: "The focus of my presentation is not on the evidence, but on the legal significance of the evidence before you [the judges]"
I am continuing to watch the afternoon session on this 3rd day of the #ICJ hearings. The argument of "counterterrorism" (which seems to be the sole justification of #Myanmar) "does not hold" given the evidence provided by #TheGambia; Myanmar relies on three sources exclusively (cont.):
2. Captain Maung's statement - "he is a serving military officer who personally participated in the clearance operation (of #Rohingya men, women, children, disabled, elderly) ..." "systematically flawed" account. "His statement is uncorroborated."
"In #Croatia vs #Serbia no evidential weight was given to statements by the acting police force - the same weight should be given to statements provided by #Myanmar" (see screenshots)
Small detail, but big issue: I am celebrating #TheGambia s diverse composition of their delegation. The current delegate speaking is a Muslim woman of colour who is wearing her legal wig on top of her headscarf - so cool!
@apnews.com reporting on #Rohingya clearance operations is being referenced as evidence in the #ICJ hearing by #TheGambia just now. I think it is important to see to which sources the delegation gives evidential weight. It goes far beyond UN reports and eye-witness accounts.
4th day of #ICJ hearings. I read some legal analyses of the ongoing case. They all miss the point: they ignore that who #Myanmar “is” changed from case opening in 2019-today #whatshappeninginMyanmar (attempted coup) explains changes in strategy.
See my 2022 text allegralaboratory.net/who-gets-to-...
Who gets to be 'Myanmar' at th...
Who gets to be 'Myanmar' at th...
External expert report of Prof. Michael Newton being cited by #TheGambia "The only plausible conclusion from the available evidence is that the 'clearance opertions' were conceived, coordinated, and conducted with the intention of destroying the Rohingya." No counter-expertise by #Myanmar provided.
@philippesands.bsky.social making an interesting distinction when explaining that the world DOES need #internationallaw, especially now: One should not give in to those who wish to live "...not in a lawless world, but in a world without laws." What is at stake at #ICJ is thus beyond #Myanmar case!
While the #ICJ hearings are proceeding, Timor-Leste levels a new case alleging war crimes and crimes against humanity against the #Myanmar military, supported by the Myanmar Accountability Project. eng.mizzima.com/2026/01/14/3...
#whatshappeninginMyanmar
eng.mizzima.com/2026/01/14/302...
eng.mizzima.com/2026/01/14/302...
Here is the official confirmation of my argument that what is at stake is the performance as the 'state' of #Myanmar by the military. Why do they attend the #ICJ hearings? The hearings "concern all Myanmar citizens whom the State represents on the global stage..." www.moi.gov.mm/moi:eng/anno...
Press Statement: Myanmar’s Com...
Press Statement: Myanmar’s Com...
Press Statement: Myanmar’s Commitment to Truth and Justice at the International Court of Justice | Ministry Of Information
YANGON, January 12, 2026 – Following the recent national elections, Myanmar has entered a pivotal new chapter and is at the threshold of commencing the implementation of nation-building initiatives. To successfully establish this new state, the constructive support and encouragement of the international community are vital. In this context, the ongoing proceedings at the International Court of Justice (ICJ) are of profound national importance, as they concern all Myanmar citizens whom the State represents on the global stage.
And: regarding the agents (U Ko Ko Hlaing and Dr Thida Oo), the press release states that: "We fully support their efforts to defend the sovereignty and dignity of the nation through these legal channels." www.moi.gov.mm/moi:eng/anno... #whatshappeninginMyanmar
Press Statement: Myanmar’s Com...
Press Statement: Myanmar’s Com...
Press Statement: Myanmar’s Commitment to Truth and Justice at the International Court of Justice | Ministry Of Information
YANGON, January 12, 2026 – Following the recent national elections, Myanmar has entered a pivotal new chapter and is at the threshold of commencing the implementation of nation-building initiatives. To successfully establish this new state, the constructive support and encouragement of the international community are vital. In this context, the ongoing proceedings at the International Court of Justice (ICJ) are of profound national importance, as they concern all Myanmar citizens whom the State represents on the global stage.
It should be mentioned that BOTH these agents, who are members of the military regime, are on the U.S. sanctions list. home.treasury.gov/news/press-r... #WhatshappeninginMyanmar - They care so much about the atrocities committed against the #Rohingya, that they fall asleep during the #ICJ hearing.
The #ICJ platform is so important to the generals that they already issued a 2nd press statement addressed towards the "int. community". It again emphasizes that “The Gambia v. #Myanmar case before the International Court of Justice is a State-to-State legal process" www.mofa.gov.mm/en/press-rel...
mofa.gov.mm/en/press-relea...
mofa.gov.mm/en/press-relea...
Today is the 1st day, in which the military acts as #Myanmar at the #ICJ (with support of its delegation who come from diverse backgrounds). The opening statement is given by Ko Ko Hlaing who currently serves under the military regime as Minister of Int Cooperation. He's on the US sanctions list.
Ko Ko Hlaing self-identifies #Myanmar as a "developing nation", thereby appeasing Western discourse. He also discredited the fact-finding reports of the #UN on the #Rohingya and defended the military's actions as #counterterrorism. He also does NOT mention "this population" by its ethnonym! #racism
Lies already in the opening speech: " #Myanmar gives all people equal rights." No. And OF COURSE a reference to the ongoing sham elections as proof for the country's respect for #democracy. I've been saying for years to not fall for this performance. But nowadays, ALL politics is, is performance.
Ko Ko Hlaing being creative avoiding the ethnonym #Rohingya
- this population
- these people
- Bengalis
- these people in Rakhine state
But:
"... the name Rohingya ..." (so when he quotes, he is able to say the word ...)
Thida Oo, Minister of Legal Affairs of the military regime - and also on the US sanctions list - is giving Ko Ko Hlaing a thumbs up for his opening statement. #TheGambiavsMyanmar #ICJ
Christopher Staker, representing #Myanmar in fronto of the #ICJ begins his statement with emphasizing that the only task of the court is to establish whether the Genocide convention has been violated. He then disputes that what #TheGambia presented earlier, were facts. He begins explaining that ...
..the term "clearance operation" is a military term used in many countries (he cites the UK and the #US) & does not mean to rid a territory of its people. It is a #counterterrorism measure. I can't help but think:with the situation in the US, these comparisons are no longer to an advantage. #Myanmar
If I hear Christopher Staker correctly, he is ALSO avoiding the ethnonym #Rohingya. He talks about "Bengalis" who have decided to stay in Rakhine State. And "Bengalis" LEAVING (what an innocent word) #Myanmar to #Bangladesh. He now talks about #repatriation efforts. Listening to this hurts.
"The #IIMM reports do not deal with events on the ground in 2016-17" Staker doubts the witness statements by #IIMM (only 42 provided to #TheGambia after 7 years of work) out of which only 12 were put into the case). The Gambia "simply has no case"; aka: discrediting the fact-finding reports.
Accepting "such reports" as "facts" would be an "abnegation of [the court's] judicial function". Staker obviously does not want to see the #evidence given in context: reports and eye-witness accounts were presented alongside reports of int.orgs., medical institutions, etc. #Myanmar #internationallaw
How practical that as of today, the sham elections in #Myanmar have already been decided after the 2nd out of 3 intended steps of voting. The military and the military-run USDP-party have secured the majority and will now pretend to act as "civilian" government.
www.irrawaddy.com/news/politic...
Highly interesting argument presented by Stefan Talmon (whom I remember from Uni Tuebingen - we studied with the same international legal scholar, Prof. Graf von Vitzthum. He criticizes that #TheGambia s #indicators of genocidal intent (presented as inductive) amount to consequential #evidence
In contrast to this inductive approach, he then introduces a deductive approach as allegedly adhered to by the #ICJ - he calls this: "The Court's" approach (and says this is the approach taken by the Court in the Croatia-case).
Scholarly article which deals with this distinction (esp rgd. "the only reasonable inference"): "Is the ICJ’s standard of proof for #genocide unattainable?" ... rsilpak.org/2024/is-the-...
Is the ICJ’s standard of proof...
Is the ICJ’s standard of proof...
Talmon argues that the rules on the burden of proof are such that genocidal intent is the ONLY reasonable inference to be drawn from the facts in question. As soon as there are OTHER potential intentions present (e.g. ethnic cleansing, hate speech...), the standard of proof has not been met.
Delegate of #Myanmar now mentions @[email protected] & @[email protected] and says their eyewitness accounts are "hearsay descriptions" ... "The court should not give weight to such reports at all." This is outrageous and discredits how we work in the humanities / qual. social sciences. #evidence
So, while #TheGambia has so far concentrated almost exclusively on aspects of content of the case, #Myanmar has so far almost exclusively concentrated on form, particularly what constitutes accepted #evidence in #internationallaw.
A 'community' in #Bangladesh or #Myanmar cannot equal the entire population of a state. To deny #Rohingya their ethnonym, but to speak of #Bengali as 'community' makes no sense: either these are Bangladeshi of Bangladesh or they are Rohingya of Myanmar. Bengali is a language
#WhatsHappeninginMyanmar
"The court-settled case law acknowledges, that the evidential weight of witness statements is diminished significantly if the witness is not disinterested," says #Myanmar.
This is why legal reasoning often seems inhumane to many: How can being 'disinterested' in the face of violence be good?
#Myanmar is criticising that so many #IIMM witness statements were provided anonymously. "How can one know if the statements are not contradictory?" asks the counsel. I understand the point and think #TheGambia should clarify why it was necessary to protect anonymity in these cases.
I'm leaving this here without much comment. I think we have enough literature on why witnesses withdraw or change their statements. There are many clues in this withdrawal provided by #Myanmar - I hope the court does not take the argument rgd. "pervasive anonymity" at face value ...
I continue my thread after a 1-week break. All videos of the case #TheGambia vs #Myanmar are available at the #ICJ website. I have summarized the 1st week of the case by highlighting a crucial formal aspect when interpreting the #Genocide Convention: what counts as #evidence and what does not?
After disputing that the material #TheGambia has provided carries any evidential weight, #Myanmar focused on #ARSA (Arakan Rohingya Salvation Army), an Islamist group active in the camps in #Bangladesh, but - at least acc. to #Myanmar - responsible for many of the killings in #Myanmar, too.