A bilateral dispute with a multilateral dimension: jurisdiction and ius standi issues in the Gambia v. Myanmar case (provisional measures)

Abstract

In November 2019, The Gambia filed an application requesting the International Court of Justice to declare the violation, by Myanmar, of various provisions of the Convention against genocide in relation to the Rohingya population, as well as the indication of provisional measures. It is a dispute whose multilateral dimension makes it unique in relation to any other preceding case. This multilateral dimension is projected in a double field. On the one hand, the environment in which it has developed and forged, which is markedly multilateral in spite of the Gambian leadership. On the other hand, the multilateral nature of the obligations allegedly violated, in particular, their erga omnes partes character. The present study analyzes both aspects on the basis of the arguments put forward by the parties in relation to the indication of provisional measures and the subsequent ruling of the Court in this regard. It should be said -without neglecting its provisional nature- that the position adopted by the Court represents a significant step in the line towards the recognition of a suitable procedural space for this type of disputes, but poses the challenge of the progressive admission of actio popularis in international law.