Myanmar has raised objection over The Gambia's eligibility in filing a genocide case with the International Court of Justice -- a move that could delay justice for the Rohingya minority.

The Gambia, on behalf of the Organisation of Islamic Conference, filed the case in November 2019, alleging that Myanmar's atrocities against the Rohingyas in the Rakhine state violate the Convention on the Prevention and Punishment of the Crime of Genocide.

The objection was submitted to the International Court of Justice (ICJ), the top UN Court, on January 20, 2021, more than a week before the military took control of Myanmar, when Aung San Suu Kyi was de facto leader of the Southeast Asian country.

"The Republic of the Union of Myanmar filed preliminary objections to the jurisdiction of the Court and the admissibility of the Application, and whereas a signed copy of those preliminary objections was immediately transmitted to the other Party," according to an order signed by the ICJ on January 28.

The Court set May 20, 2021, as the deadline within which The Gambia may present a written statement of its observations and submissions on the preliminary objections raised by Myanmar. The content of the objection, however, has not been made public by the ICJ.

Asked about the significance of the preliminary objections raised by Myanmar, Dhaka University Law Professor Dr Mizanur Rahman said this is a procedural and technical issue raised by Myanmar, questioning if the ICJ is ever eligible to conduct the trial on the crimes committed.

"Now, The Gambia has to place its arguments about why the ICJ is eligible to conduct the trial. Only if the arguments withstand, the trial can start," he told The Daily Star yesterday.

Such objections are often raised because it's possible that they may result in the Court declining to rule on the substantive issues of a case, according to the New York-based Global Justice Centre (GJC).

It said justice for the Rohingya genocide could be delayed for a year due to Myanmar's objections.

He said that, however, the fact that the Myanmar military took control of the country will not hamper the justice process.

Some 750,000 Rohingya refugees, mostly women and children, fled Myanmar and crossed into Bangladesh after the Myanmar military launched a crackdown on the minority Muslim community since August 2017.

Nearly 24,000 Rohingyas were killed, according to a report by the Ontario International Development Agency. The Gambia's case also focused on Myanmar's security forces' so-called "clearance operations" in 2016 and 2017 against the Rohingya community.

In response to case, the ICJ in January 2020 issued provisional measures, requiring Myanmar to take certain actions to protect the Rohingya including preventing genocidal acts, ensuring that military, policy and other forces within its control do not commit genocidal acts, and preserve all evidence of genocidal acts.

The ICJ also asked Myanmar to report every six months to the Court on the steps it has taken to comply with the measures. In September last year, Canada and the Netherlands also announced formally joining The Gambia's legal bid to hold Myanmar accountable over allegations of Rohingya genocide.

Myanmar filed reports to the ICJ in May 2020 and November 2020, with the next compliance report due on May 23, 2021. These reports are not currently public but The Gambia is able to review them and provide commentary to the Court.

The United Nations and other rights bodies, however, say that persecution against the Rohingyas in Rakhine continued to happen.

In October 2020, The Gambia filed its Memorial, which details its case against Myanmar, which, however, came up with the preliminary objections on January 20 this year. Myanmar was due to file its Counter-Memorial by July 23, 2021.

"The filing of the Preliminary Objections will now suspend merits proceedings in the case until the issues now raised by Myanmar are adjudicated by the ICJ," the GJC said.