The Peaceful Settlement of an Erga-Omnes Dispute on Alleged Genocide by the International Court of Justice: the Decision on Jurisdiction and Admissibility in The Gambia v. Myanmar Case

This final dissertation focuses on the Gambia v. Myanmar case before the International Court of Justice (ICJ), which addresses alleged breaches of erga-omnes obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) against the Rohingya, a Muslim ethnic minority living in Myanmar. In particular, this study explores the concept of erga-omnes obligations and their significance, highlighting the evolution of the ICJ’s approach when a non-injured State brings a case involving such breaches. The analysis starts by clarifying the origins and main features of the principle of peaceful dispute settlement and explaining the ICJ's main competencies and functions. Afterwards, it focuses on the historical and factual context of the case, its procedural history and the relevant legal issues arising from the dispute at stake. Lastly, the work analyses the ICJ’s Decision on preliminary objections to the Jurisdiction of the Court and the Admissibility of the Application of 11 November 2019.