An international case accusing Myanmar of genocide against the Rohingya ethnic minority returns to the United Nations’ highest court on Monday amid questions about whether the country’s military rulers should even be allowed to represent the Southeast Asian nation.

Four days of public hearings at the International Court of Justice begin Monday on Myanmar’s preliminary objections to the case which was brought by Gambia, an African nation acting on behalf of an organization of Muslim nations that accuses Myanmar of genocide in its crackdown on the Rohingyas.

In August 2017, Myanmar’s military launched what it called a mine clearance campaign in western Rakhine state in response to an attack by a group of Rohingya insurgents. 

The campaign forced more than 700,000 Rohingya to flee to neighboring Bangladesh and led to accusations that security forces carried out mass rape and murder and burned down thousands of homes.

The Gambia argues that the campaign was a violation of the Genocide Convention and wants the court to hold the country accountable.

The figurehead who led Myanmar’s legal team to court the last time there were public hearings in the case – the country’s ousted leader Aung San Suu Kyi – is in jail after being convicted on what supporters call trumped up charges.

Opponents of Myanmar’s military rulers say they have named two heads of the country’s legal team to the UN Supreme Court who face international sanctions.

Critics of the military rulers say the national unity government – a shadow civilian administration – should represent the country at hearings in The Hague. 

The group says it has appointed an “acting alternate agent”, UN Ambassador Kyaw Moe Tun, and says it withdraws the country’s preliminary objections.

“It’s a shameful double whammy. Myanmar is represented at the ICJ by people sanctioned for gross human rights abuses and breaches of the rule of law,” said Chris Gunness, director of Myanmar Accountability Project.” 

But in any case, this illegal junta should not represent Myanmar, it should be the NUG.

The court did not respond to a request for comment on Myanmar’s representation at the hearings.

“What’s really important here is that…if it’s the junta that’s in court, it’s not something that should be taken to confer legitimacy on the junta,” Akila said. 

Radhakrishnan, president of the Global Justice Center.

In public hearings in late 2019, lawyers representing The Gambia showed judges maps, satellite imagery and photo graphics to detail what they called a campaign of murder, rape and destruction amounting to genocide being perpetrated by the Myanmar military.

This led the court to order Myanmar to do everything possible to prevent the genocide against the Rohingya. 

The interim decision was intended to protect the minority while the case goes to trial in The Hague, a process likely to take years.

(AP)