Dr. Christopher Staker, a lawyer representing Myanmar, has presented the first preliminary objection that the International Court of Justice (ICJ) lacks jurisdiction, or alternatively the application is inadmissible, as the real applicant in these proceedings is the Organisation of Islamic Cooperation, not The Gambia, according to a statement released by the Ministry of Foreign Affairs on the night of February 22.

The ICJ is holding public hearing 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 February 21 to 28, at the Peace Palace, in The Hague, Netherlands.

The international lawyers representing Myanmar presented the first round of oral argument on February 21.

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. The Gambia lacks standing to bring this case before the Court under Article IX of the Genocide Convention. Dr. Christopher Staker argued that the Court lacks jurisdiction, or alternatively the application is inadmissible, as there was no established legal dispute between The Gambia and Myanmar on the date of filing of the Application instituting proceedings as fourth preliminary objection.

Another lawyer 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 reservation to Article VIII of the Genocide Convention as Myanmar’s third preliminary objections.

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, the Ministry of Foreign Affairs reported.