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measures to prevent births—with the intent to destroy the Rohingya, in whole or in part.” Id. at
6.
The Gambia has already achieved this objective on a provisional basis. On January 23,
2020, after oral hearings, the ICJ ruled unanimously (17-0) to grant The Gambia’s request for a
provisional order that directs Myanmar “to take all measures within its power to prevent the
commission of all acts of genocide against the Rohingya[.]” Id. at 7. The ICJ found there was a
“real and imminent risk of irreparable prejudice to the rights invoked by The Gambia” related to
Myanmar’s treatment of the Rohingya, as necessary to justify ordering provisional measures
against Myanmar. See Appl. at 7; see also Application of the Convention on the Prevention and
Punishment of the Crime of Genocide (The Gambia v. Myanmar), Order, 2020 I.C.J. No. 178,
¶¶ 71–76 (Jan. 23) (“ICJ Order”). The ICJ further ordered Myanmar to preserve all evidence
relating to these allegations of genocide. Appl. at 7.
The ICJ proceeding has now progressed to a written phase that will consider further
evidence. To that end, The Gambia now seeks to obtain discovery from Facebook about the
accounts of numerous and unspecified Myanmar officials, individuals, and their affiliates (or
suspected affiliates). While its application claims to seek “limited discovery,” its requests are
extraordinarily broad and well beyond the scope of what is permitted by law. For example, the
requests seek “[a]ll documents and communications produced, drafted, posted, or published by”
numerous inadequately identified or wholly unidentified Facebook and Instagram users, groups,
or pages affiliated (or suspected of being affiliated) with Myanmar government and military
officials, as well as accounts, groups, and pages “suspected of acting” in coordination with these
accounts—including the private messages and other communications of any number of unknown
people. See Appl. at 15–16 (emphasis added). These requests do not limit the topic or subject
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