Towards a Judicial R2P: The International Court of Justice and the Obligation to Prevent Genocide in The Gambia v. Myanmar Case

Abstract

This article proposes a reading of the 2020 Order on Provisional Measures in The Gambia v. Myanmar case through the r2p lens. It holds that the International Court of Justice (icj), notwithstanding its inherent limitations as a judicial organ, can play an important role in the responsibility of the international community to help to protect populations from genocide, and that a 'judicial r2p' can exist under r2p's Pillar Three. To that end, the article develops two main arguments. First, that in the 2020 Order, the icj used a language closer to r2p than ever. Second, that, by submitting the dispute to the Court, The Gambia not only has exercised a right under the Genocide Convention, but it also fulfilled its obligation to prevent genocide, and as a member of the international community, has contributed to activate the latter's r2p regarding the Rohingya in Myanmar.