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Myanmar to contest ICJ Rohingya case, without Aung San Suu Kyi

Myanmar to contest ICJ Rohingya case, without Aung San Suu Kyi

Aung San Suu kyi

Myanmar's junta is set to replaceAung San Suu Kyiat the UN's top court Monday as it seeks to dismiss acaseover the alleged genocide ofRohingyaMuslims.

SuuKyipersonally presentedMyanmar's arguments at theInternational Court of Justice(ICJ) when thecasewas first heard in December 2019, but was ousted as civilian leader in a military coup last year.

The Nobel peace laureate, who faced criticism from rights groups for her involvement in thecase, is now under house arrest and trial by the same generals she defended in The Hague.

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In its "preliminary objections" on Monday,Myanmarwill argue that the court has no jurisdiction over thecase, and must throw it out before it moves on to substantive hearings.

LocalMyanmarmedia said the junta has a new delegation led by Ko Ko Hlaing, international cooperation minister, and Thida Oo, attorney general, who will attend virtually.

Both have been hit with US sanctions over the coup.

Thecasebrought by the mainly Muslim African nation of The Gambia accuses predominantly BuddhistMyanmarof genocide against theRohingyaminority over a bloody 2017 military crackdown.

TheICJmade a provisional order in January 2020 thatMyanmarmust take "all measures" to prevent the alleged genocide of theRohingyawhile the years-long proceedings are underway.

Bloody crackdown

Gambia will make its counter-arguments on Wednesday.

Around 850,000Rohingyaare languishing in camps in neighbouring Bangladesh while another 600,000Rohingyaremain inMyanmar's southwestern Rakhine state.

TheICJwas set up after World War II to rule on disputes between UN member states. Its judgments are binding but it has no real means to enforce them.

TheRohingyacaseat theICJhas been complicated by the coup that oustedSuuKyiand her civilian government, and triggered mass protests and a bloody military crackdown. More than 1,500 civilians have been killed, according to a local monitoring group.

SuuKyinow faces trial herself inMyanmaron a raft of charges that could see her jailed for more than 150 years.

Ahead of the hearing, the shadow "National Unity Government" dominated by lawmakers fromSuuKyi’s ousted party said it, not the junta, "is the proper representative ofMyanmarat theICJin thecase".

It also rejectsMyanmar’s preliminary objections, saying the hearings for these should be cancelled and the court should quickly get down to the hearing of the substantivecase.

Watch |Myanmar's military to challenge the jurisdiction of the ICJ on Rohingya genocide

The NUG holds no territory and has not been recognised by any foreign government, and has been declared a "terrorist" organisation by the junta.

The Gambia accusesMyanmarof breaching the 1948 UN genocide convention.

Itscaseis backed by the 57-nation Organisation of Islamic Cooperation, Canada and the Netherlands.