Myanmar Agent Delivers Closing Statement in Gambia versus Myanmar Case

Esteemed President, Honourable Madam Vice-President and Distinguished Members of the Court,

1. It is an honour for me to stand before the Court again to present Myanmar’s final submissions. Before I do, I would like to make some short remarks.

2. We are coming to the close of a long three-week hearing. It will have been exhausting for everyone involved. I understand that it has been a long time since the Court has had such a long hearing. The pleadings in this case are also very lengthy. Myanmar appreciates that the Court is presented with a demanding task to consider all of the evidence and arguments that have been presented by both of the Parties in these proceedings. It is all the more demanding, given that this hearing comes at a time when the Court’s docket is busier than ever. Myanmar appreciates that the Court is prepared to give so much time and attention to this case.

3. But that time and attention are merited. This is an extremely significant case. It is an extremely significant case for Myanmar and for the people of Myanmar. This case is being closely followed back home in Myanmar. Anyone following this case for these three long weeks whether in Myanmar or elsewhere in the world — will now realise the complexity of the issues which it raises, not least how a State defends itself when faced with the gravest of allegations. What is the nature and the quality of the evidence which can be used to bring a case which has the potential to impact the vital interests of a State and its people for many generations to come? As counsel for Myanmar said yesterday in respect to The Gambia’s witnesses, three witnesses do not make a case.

4. During these proceedings, Myanmar has raised these types of questions. It has raised questions about the interpretation of the Genocide Convention. It has raised questions challenging the facts. It has done so on the basis that these proceedings provide an opportunity for Myanmar to present its side of the story. It has done so knowing that it will be heard fairly and impartially by this Court.

5. Before closing, I would like to extend my thanks to the Registrar and all members of the Registry, and the interpreters and the security staff, and everyone else associated with these hearings, whose dedicated work has enabled the hearing to be conducted so smoothly. I would also like to thank you, Mr President, Madam Vice-President, and all the Members of the Court for listening so attentively to both Parties.

6. It now falls to me, in accordance with Article 60, paragraph 2, of the Rules of Court, to read the final submissions of the Republic of the Union of Myanmar. These are as follows:

The Republic of the Union of Myanmar respectfully requests the International Court of Justice to adjudge and declare that:

(1) all requests in the submissions of the Republic of The Gambia relating to alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide are rejected as lacking any basis in law or in fact;

(2) all requests in the submissions of the Republic of The Gambia relating to an alleged failure to implement the Order indicating provisional measures issued by the Court on 23 January 2020 are rejected as lacking any basis in law or in fact; and

(3) all requests in the submissions of the Republic of The Gambia relating to remedies sought by the Republic of The Gambia, and all other requests in the submissions of the Republic of The Gambia, are rejected as lacking any basis in law or in fact.

Mr President, Madam Vice-President, Members of the Court,

That concludes the arguments of Myanmar at this hearing of the merits of the case. I thank you.

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