Slovenia applied for intervention against Myanmar on Wednesday in an International Court of Justice case that accuses Myanmar of genocide against its Rohingya population.
The right to intervene is for the treaty’s parties to express their interpretation of the law to the court before it decides on a matter that can affect the legal interest of all state parties. The interpretations in the declaration of intervention are not binding on party states, but can help either party in the case. The admissibility of intervention is decided under Article 84(1) of the Rules of Court so far as it concerns the case’s construction of the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.
Slovenia emphasized that Myanmar has jurisdiction over the territory where genocide is allegedly being committed. The European nation urged the court to “consider all the acts altogether” to demonstrate the ‘intention’ to destroy in whole or in part of a group under Article II. Slovenia reasoned that a narrow interpretation of intention, merely based on a verbal expression of an official or an institution of the state, can conceal true intentions.
Slovenia added that the definition of the protected group should be defined by both objective and subjective criteria. Slovenia’s interpretation of the obligation to prosecute those responsible for genocide highlighted that the existence of immunities, including heads of State, cannot be a defense to prosecutions.
Myanmar and Gambia will review and submit written observations on the declaration. Previously, the Court granted the declaration of intervention in this case filed by seven states (Canada, Denmark, France, Germany, the Netherlands, the United Kingdom and the Maldives) last year.
Myanmar has been accused of orchestrating atrocities targeted at the country’s Rohingya Muslim population which have resulted in mass displacement. Additionally, in November, the nation’s military chief was the subject of a request by the Office of the Prosecutor of the International Criminal Court for an arrest warrant for crimes against humanity committed against the Rohingya.