THE ICJ'S OPERATIONALISATION OF ERGA OMNES PARTES IN THE GAMBIA V. MYANMAR

The International Court of Justice does not often interfere in State matters as most of the countries find their Sovereignty to be rather protected and unanswerable to a third party. However, as in law there are exceptions, so does the ICJ. In grave matters where the subject or point of appeal is as serious as genocide the ICJ is expected by the international community to take action and at the very least prevent such occurrences. This case comment analyses the preliminary judgment passed by the International Court of Justice in the case of The Gambia v. Myanmar which revolves around the alleged genocide of the Rohingya group that resides within Myanmar. The main focus of the commentary is around the concept of Erga Omnes Partes which essentially questions the locus standi of a third state to bring action against the Union of Myanmar. This analysis dissects the judge's opinions and their suggestions on improving the passageway of bringing a public interest litigation before the ICJ.