On June 8, 2020, The Gambia filed an application for discovery with the U.S. District Court for the District of Columbia. The application asks the Court to compel Facebook to provide information related to the personal Facebook accounts of Myanmar officials. The information that The Gambia seeks is to be used in an action brought by The Gambia against Myanmar in the International Court of Justice (ICJ) in The Hague, The Netherlands.
In November 2019, The Gambia submitted a request to the ICJ for provisional measures of protection. The application alleges that the Government of Myanmar has been involved in atrocities against the Rohingya Muslims, which include “killing, causing serious bodily and mental harm, inflicting conditions that are calculated to bring about physical destruction, imposing measures to prevent births, and forcible transfers, are genocidal in character because they are intended to destroy the Rohingya group in whole or in part” in violation of the U.N. Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention).
The case continues at the ICJ. In January 2020, the ICJ issued the requested provisional measures, ordering Myanmar to prevent genocidal acts against the Rohingya Muslims. The order is an interim step, put in place to protect the Rohingya while the case continues. Under the terms of the order, Myanmar is to report regularly on its implementation of the order. Meanwhile, The Gambia was ordered to produce its written submissions by July 2020, with Myanmar to respond by January 2021.
The Gambia’s application to the U.S. District Court for the District of