In a unanimous decision by 17 Judges of the ICJ, the court observed that there was prima facie evidence of breaches of the convention by Myanmar. The ICJ said that the estimated 600,000 Rohingya remaining in Myanmar were “extremely vulnerable” to violence at the hands of the military.
In its judgement the ICJ ordered that the government of Myanmar should submit its report of the steps taken to the ICJ within 4 months and thereafter every six months till the final decision is pronounced.
However the court refused to specify the provisional measures to be taken by Myanmar for the protection of the rights of the Rohingyas.
The ICJ also ordered that Myanmar should take effective measures to preserve the evidence related to allegations of acts of violence against Rohingyas.
Commenting on the defence presented by Myanmar during the oral proceedings, the court said that it is not convinced that Myanmar has taken any concrete steps to ensure the right of Rohingyas to exist as a protected group under the Genocide Convention.
The case was brought to ICJ by the West African country Gambia alleging that Myanmar has breached the Genocide Convention. It requested the ICJ to order provisional measures to protect Rohingyas from genocide.