Myanmar’s government-in-exile has asserted that it alone holds the authority to represent the country at the International Court of Justice (ICJ), citing continued recognition of its United Nations envoy, as legal proceedings on alleged genocide against Muslims in Rakhine State resume this month.

The ICJ is scheduled to open the third round of hearings on January 13 in the genocide case brought by The Gambia against Myanmar under the Genocide Convention. While Myanmar’s military authorities have dispatched a delegation to the Netherlands for the hearings, the opposition administration says the junta has no legal standing to appear on behalf of the state.

According to the National Unity Government (NUG), which operates in exile following the 2021 military coup, Myanmar’s Permanent Representative to the United Nations, Ambassador Kyaw Moe Tun, remains the internationally recognized representative of the country. The NUG said Ambassador Kyaw Moe Tun has the legal mandate to act as Myanmar’s Additional Alternate Agent at the ICJ.

The exile government stated that the appointment was made on March 30, 2021, by Myanmar’s interim vice president and that the ICJ was formally notified of the decision. It argued that this mandate has never been revoked under international law.

Building on this position, the NUG urged the ICJ not to grant the State Administration Council (SAC)  the military body that seized power  the right to participate in the hearings as Myanmar’s representative. The opposition government described the junta as an illegal authority whose submissions cannot reflect the will of the Myanmar people.

The NUG further reaffirmed its acceptance of the ICJ’s jurisdiction and said it has withdrawn all preliminary objections previously filed in the case. It added that securing justice for the Muslim population is a necessary step toward accountability, national reconciliation, and Myanmar’s democratic future.

Reference: Western News

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