Mike Becker
@mikebecker.bsky.social
Assistant Professor (Trinity College Dublin, School of Law). Public International Law, International Courts and Tribunals, ICJ, ITLOS, International Human Rights Law, Fact-Finding and Inquiry, Law of the Sea
Many thanks to my colleague Professor Mark Bell for organizing this important and timely discussion on recent US actions in and around #Venezuela and their implications for human rights, accountability, and the rule-of-law. Thanks also to the @tlrhub.bsky.social for hosting this event.
January 14, 2026 at 1:07 PM
Many thanks to my colleague Professor Mark Bell for organizing this important and timely discussion on recent US actions in and around #Venezuela and their implications for human rights, accountability, and the rule-of-law. Thanks also to the @tlrhub.bsky.social for hosting this event.
#Rohingya case: This afternoon's argument by Arsalan Suleman of @foleyhoag.bsky.social for #TheGambia has been a devastating presentation of hateful & genocidal rhetoric attributable to the leadership of Myanmar. Not easy to listen to, as intended. Important for anyone unfamiliar with the context.
January 12, 2026 at 4:52 PM
#Rohingya case: This afternoon's argument by Arsalan Suleman of @foleyhoag.bsky.social for #TheGambia has been a devastating presentation of hateful & genocidal rhetoric attributable to the leadership of Myanmar. Not easy to listen to, as intended. Important for anyone unfamiliar with the context.
Reichler: Giving weight to fact-finding reports is not a delegation of duty (as Myanmar argues) but in fact *is* how the ICJ can exercise its fact-finding responsibility. I think this turns on the Court's approach & reiterate my view that the ICJ could benefit from hearing directly from the FFM.
January 12, 2026 at 2:49 PM
Reichler: Giving weight to fact-finding reports is not a delegation of duty (as Myanmar argues) but in fact *is* how the ICJ can exercise its fact-finding responsibility. I think this turns on the Court's approach & reiterate my view that the ICJ could benefit from hearing directly from the FFM.
Reichler now dissecting Myanmar's (predictable) reasons to disregard the FFM reports: i.e. that Myanmar did not participate (but this was Myanmar's choice; it repeatedly refused to cooperate or engage). (You can probably think of other disputes where these types of arguments will be made.)
January 12, 2026 at 2:39 PM
Reichler now dissecting Myanmar's (predictable) reasons to disregard the FFM reports: i.e. that Myanmar did not participate (but this was Myanmar's choice; it repeatedly refused to cooperate or engage). (You can probably think of other disputes where these types of arguments will be made.)
Reichler makes the key point: reports do not merit weight automatically because they are UN reports, but because they satisfy the indicia for reliability the Court has set out in its case law. (Not clear this is an issue the intervening states can properly weigh in on though!)
January 12, 2026 at 2:36 PM
Reichler makes the key point: reports do not merit weight automatically because they are UN reports, but because they satisfy the indicia for reliability the Court has set out in its case law. (Not clear this is an issue the intervening states can properly weigh in on though!)
Yes, I believe they announced at the start that the written submissions would be made available on the website later today (including implementation reports on the provisional measures, which is something new).
January 12, 2026 at 2:31 PM
Yes, I believe they announced at the start that the written submissions would be made available on the website later today (including implementation reports on the provisional measures, which is something new).
Reichler also making the case that the UN FFM was a state-of-the-art inquiry body. In my view (having studied many inquiry bodies, this is not far-fetched. The FFM reports go out of their way to explain methodology & working methods. Doesn't mean they are unassailable but they reflect serious care.
January 12, 2026 at 2:28 PM
Reichler also making the case that the UN FFM was a state-of-the-art inquiry body. In my view (having studied many inquiry bodies, this is not far-fetched. The FFM reports go out of their way to explain methodology & working methods. Doesn't mean they are unassailable but they reflect serious care.
Let's wait to see how Myanmar itself frames its position on third-party fact-finding reports.
January 12, 2026 at 2:21 PM
Let's wait to see how Myanmar itself frames its position on third-party fact-finding reports.
Fascinating to learn that Myanmar's position (per The Gambia) is that UN reports carry ZERO weight & the Court could only rely on (non-existent) findings by other courts. This is an untenable position and not consistent at all with the Court's case law (as Reichler is making clear).
January 12, 2026 at 2:15 PM
Fascinating to learn that Myanmar's position (per The Gambia) is that UN reports carry ZERO weight & the Court could only rely on (non-existent) findings by other courts. This is an untenable position and not consistent at all with the Court's case law (as Reichler is making clear).
For anyone interested in the UN FFM: ohchr.org/en/hr-bodies....
As Reichler explains, the FFM's work makes up just part of the many reports from UN bodies and NGOs that The Gambia has put into the record. Plus signed witness statements (something the ICJ is often not wild about).
As Reichler explains, the FFM's work makes up just part of the many reports from UN bodies and NGOs that The Gambia has put into the record. Plus signed witness statements (something the ICJ is often not wild about).
UN Human Rights Office
Protecting family unity through safe, regular migration builds stronger, more cohesive societies.Read the story
ohchr.org
January 12, 2026 at 2:15 PM
For anyone interested in the UN FFM: ohchr.org/en/hr-bodies....
As Reichler explains, the FFM's work makes up just part of the many reports from UN bodies and NGOs that The Gambia has put into the record. Plus signed witness statements (something the ICJ is often not wild about).
As Reichler explains, the FFM's work makes up just part of the many reports from UN bodies and NGOs that The Gambia has put into the record. Plus signed witness statements (something the ICJ is often not wild about).
#Rohingya case: At the start of the afternoon session (12 Jan), Paul Reichler for The Gambia to address a topic near-and-dear to me: the evidentiary weight to be accorded to third-party fact-finding reports (in this case, the UN FFM on Myanmar). t.co/pnoaDaigRs
https://www.cambridge.org/core/journals/leiden-journal-of-international-law/article/recent-developments-in-reliance-upon-thirdparty-factfinding-at-the-international-court-of-justice/0DFFA66A788C304007...
t.co
January 12, 2026 at 2:15 PM
#Rohingya case: At the start of the afternoon session (12 Jan), Paul Reichler for The Gambia to address a topic near-and-dear to me: the evidentiary weight to be accorded to third-party fact-finding reports (in this case, the UN FFM on Myanmar). t.co/pnoaDaigRs
But I think his effort to show key differences with facts in Bosnia was more effective than w/Croatia, where ICJ found controversially that Serb policy of ethnic cleansing actually undermined genocidal intent. The Gambia likely needs to do more to explain how Tatmadaw policy/actions were different.
January 12, 2026 at 11:53 AM
But I think his effort to show key differences with facts in Bosnia was more effective than w/Croatia, where ICJ found controversially that Serb policy of ethnic cleansing actually undermined genocidal intent. The Gambia likely needs to do more to explain how Tatmadaw policy/actions were different.
Making extensive use of the FFM report, Paul Reichler is handing the ICJ several ways to distinguish situation in Myanmar from those in Bosnia & Croatia. These are necessary building blocks for the ICJ to adhere to its demanding standard while getting to a different outcome.
January 12, 2026 at 11:53 AM
Making extensive use of the FFM report, Paul Reichler is handing the ICJ several ways to distinguish situation in Myanmar from those in Bosnia & Croatia. These are necessary building blocks for the ICJ to adhere to its demanding standard while getting to a different outcome.
This is a prudent strategy in many ways. I've said before that The Gambia's main task is to show the ICJ how its own test can be met here. But doubling-down on the Court's past approach depends on a shared understanding of what that test means (namely re the 'only reasonable inference' test).
January 12, 2026 at 11:18 AM
This is a prudent strategy in many ways. I've said before that The Gambia's main task is to show the ICJ how its own test can be met here. But doubling-down on the Court's past approach depends on a shared understanding of what that test means (namely re the 'only reasonable inference' test).
#Rohingya case: Paul Reichler making clear that #TheGambia is not asking #ICJ to repudiate its past approach to establishing genocidal intent and will show that the facts here (in support of genocidal intent) are stronger than in the Bosnia and Croatia cases (where the ICJ did not find such intent).
January 12, 2026 at 11:18 AM
#Rohingya case: Paul Reichler making clear that #TheGambia is not asking #ICJ to repudiate its past approach to establishing genocidal intent and will show that the facts here (in support of genocidal intent) are stronger than in the Bosnia and Croatia cases (where the ICJ did not find such intent).
Interesting. Do you have work on this that you could point me to?
January 12, 2026 at 10:44 AM
Interesting. Do you have work on this that you could point me to?
Understood, but I disagree that this legitimizes the junta. A scenario where the case cannot proceed seems like a worse outcome (I've also written about this before, in the comments section here: www.ejiltalk.org/is-the-icj-a...).
January 12, 2026 at 10:37 AM
Understood, but I disagree that this legitimizes the junta. A scenario where the case cannot proceed seems like a worse outcome (I've also written about this before, in the comments section here: www.ejiltalk.org/is-the-icj-a...).
Also remarkable that #Myanmar has shown up in the Great Hall of Justice at all. At a moment when states, big & small, seem willing to treat 'international niceties' as totally dispensable, it is at least something that the junta is continuing to participate in a legal process at the highest level.
January 12, 2026 at 10:29 AM
Also remarkable that #Myanmar has shown up in the Great Hall of Justice at all. At a moment when states, big & small, seem willing to treat 'international niceties' as totally dispensable, it is at least something that the junta is continuing to participate in a legal process at the highest level.
#Rohingya case: The Gambia is coming out very strong here (in the person of @philippesands.bsky.social) to make the case that a finding of genocidal intent is not precluded by the existence of parallel state objectives (and invoking Ireland's declaration here specifically to underline the point).
January 12, 2026 at 10:25 AM
#Rohingya case: The Gambia is coming out very strong here (in the person of @philippesands.bsky.social) to make the case that a finding of genocidal intent is not precluded by the existence of parallel state objectives (and invoking Ireland's declaration here specifically to underline the point).
This should make for a very interesting cross-examination. But also interesting that #TheGambia is presenting a *legal* expert, with very substantial military experience, rather that someone with non-legal expertise. The implications for establishing genocidal intent seem clear, however.
January 12, 2026 at 10:20 AM
This should make for a very interesting cross-examination. But also interesting that #TheGambia is presenting a *legal* expert, with very substantial military experience, rather that someone with non-legal expertise. The implications for establishing genocidal intent seem clear, however.