"For the first time, a court has ordered Myanmar to take actions to protect the Rohingya. Last Thursday, the International Court of Justice (ICJ), the United Nation’s highest court, issued an order in a case brought against Myanmar by Gambia claiming violations of the Genocide Convention. For more on Gambia’s filing in this case, as well as other efforts to bring accountability for the crimes against the Rohingya, see my previous post for Just Security here. Preceding its decision, the ICJ held oral arguments concerning Gambia’s request for what are known as “provisional measures” in early December. A request for provisional measures is in some ways comparable to a request for a preliminary injunction in U.S. courts. A party is requesting that the court issue an order to prevent further harm while the case is proceeding, which can be particularly important at the ICJ where cases can take years to conclude. A request for provisional measures typically comes early in the case, and well before the record is fully developed and the issues can be judged on their merit. However, the standard of proof for granting provisional measures is that of a prima facie showing, considerably less than that required for final judgment. In theory, determinations made at the provisional measures stage have no bearing on the ultimate decision reached on those issues later. While a request for provisional measures is not uncommon, what made the December oral arguments extraordinary is that Aung San Suu Kyi, the Nobel Peace Prize winner and the de facto head of Myanmar (albeit with the military retaining a great deal of power) chose to act as the “agent” for Myanmar. This meant she would be leading the delegation and defending Myanmar in court. Once a symbol for human rights, she had already been widely criticized for her actions and inactions in regards to the Rohingya people..."