Order of 12 May 2023

12 MAY 2023
ORDER
APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (THE GAMBIA v. MYANMAR)
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APPLICATION DE LA CONVENTION POUR LA PRÉVENTION ET LA RÉPRESSION DU CRIME DE GÉNOCIDE (GAMBIE c. MYANMAR)
12 MAI 2023
ORDONNANCE
INTERNATIONAL COURT OF JUSTICE
YEAR 2023
2023
12 May
General List
No. 178
12 May 2023
APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE
(THE GAMBIA v. MYANMAR)
ORDER
Present: President DONOGHUE; Judges TOMKA, ABRAHAM, XUE, BHANDARI, SALAM, IWASAWA, NOLTE, CHARLESWORTH, BRANT; Registrar GAUTIER.
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Article 48 of the Statute of the Court and to Article 44, paragraph 3, of the Rules of Court,
Having regard to the Order dated 22 July 2022, whereby the Court fixed 24 April 2023 as the time-limit for the filing of the Counter-Memorial of the Republic of the Union of Myanmar (hereinafter “Myanmar”),
Having regard to the Order dated 6 April 2023, whereby the Court, further to a request of Myanmar received by a letter dated 14 March 2023, extended to 24 May 2023 the time-limit for the filing of the Counter-Memorial;
Whereas, by a letter dated 21 April 2023, the Agent of Myanmar requested the Court to grant a further extension of the time-limit for the filing of the Counter-Memorial until 24 February 2024; whereas, in his letter, the Agent emphasized his Government’s difficulties in complying with the
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existing time-limit despite diligent efforts to do so; whereas the Agent also specified the reasons invoked by Myanmar in support of its previous request for an extension of the time-limit for the filing of the Counter-Memorial, in particular the voluminous nature of the Memorial of the Republic of The Gambia (hereinafter “The Gambia”); whereas the Agent further indicated that the additional month granted by the Court’s Order of 6 April 2023 would be insufficient for the submission of a Counter-Memorial containing the arguments and evidence necessary to respond to the claims made against Myanmar; whereas the Agent in addition responded to arguments that had been made by The Gambia in objecting to Myanmar’s previous request for an extension of the time-limit for the filing of the Counter-Memorial;
Whereas, on receipt of that letter, the Registrar immediately transmitted a copy thereof to The Gambia, in accordance with Article 44, paragraph 3, of the Rules of Court;
Whereas, by a letter dated 28 April 2023, the Agent of The Gambia stated that his Government opposed the request of Myanmar, arguing that the latter had offered no new justification for the requested extension;
Taking into account the views of the Parties,
Extends to 24 August 2023 the time-limit for the filing of the Counter-Memorial of the Republic of the Union of Myanmar; and
Reserves the subsequent procedure for further decision.
Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this twelfth day of May, two thousand and twenty-three, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Republic of The Gambia and the Government of the Republic of the Union of Myanmar, respectively.
(Signed) Joan E. DONOGHUE,
President.
(Signed) Philippe GAUTIER,
Registrar.
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