The United States reiterated its criticism of jurist Navi Pillay, who received the Nobel Peace Prize this year, for allegedly seeking to expand the concept of genocide in the case brought by Gambia against Myanmar before the International Court of Justice (ICJ).
This issue is relevant because the outcome of this case could significantly impact the ongoing litigation at the same court against Israel regarding the offensive in the Gaza Strip.
The ICJ is expected to issue an opinion by the end of the year on the allegations of genocide against Myanmar (formerly Burma) during what was called a 'cleansing operation.' Burmese authorities used this term to describe military action against the Rohingya minority between 2006 and 2007, under the justification of eradicating armed groups operating in the Rajin state, the community's place of origin.
This operation resulted in the flight of hundreds of thousands of people, who ended up in refugee camps in Bangladesh, where they faced starvation and various forms of abuse, especially women and girls, many of whom were forced into prostitution.
Gambia's lawyers argue, for example, that the intent to cause death by starvation can constitute genocide and that the presence of a minimum number of fatalities should not be a decisive criterion for classifying the act as such.
Additionally, they contend that the claim of a 'counter-terrorism operation' cannot serve as justification for committing genocide.
Considering that it would be the first time an international court judged massive human rights violations in a case brought by 'a non-directly injured state acting to defend international law,' a decision favorable to Gambia could substantially strengthen the process initiated by South Africa against Israel, which is still awaiting judgment.
Mike Waltz, the US ambassador to the United Nations, accused Pillay, who serves as an 'ad hoc' judge at the ICJ, of wanting to establish 'a weakened and false standard that can later be used as a weapon against American military personnel and allies whenever they raise a finger against terrorists hiding among civilians,' making an indirect allusion to the case against Israel.
Waltz asserted: '[The United States will not allow] globalist judges to use the law as a weapon against our troops, challenge our sovereignty, or endanger American lives.'
The American diplomat also criticized the Nobel Committee, deeming it 'dishonored' for awarding the Nobel Peace Prize to someone who, in his view, represents an 'international community' with a left-wing, globalist, and anti-Semitic agenda.