Lack of genocide law could affect Maldives' ICJ case against Israel, AG warns

Attorney General Ahmed Usham has warned that the Maldives' failure to criminalise genocide under domestic law could affect the legal arguments it presents in proceedings against Israel before the International Court of Justice (ICJ).

In a post on X on Monday night, Usham said the Maldives had yet to fulfil its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, despite becoming a party to the treaty more than four decades ago.

His remarks followed the government's submission of amendments to the Penal Code seeking to introduce genocide as a criminal offence.

The proposed legislation would criminalise acts committed against national, ethnic, racial or religious groups, including killing members of such groups, causing serious physical or psychological harm, and deliberately imposing living conditions intended to bring about their physical destruction.

The bill would also criminalise measures intended to prevent births within a group, the forcible transfer of children between groups, and direct and public incitement to commit genocide.

Usham said the Maldives became a party to the Genocide Convention on 24 April 1984.

He noted that Article V of the convention requires participating countries to enact legislation necessary to give effect to its provisions and establish penalties for genocide-related offences.

However, he said the Maldives had not fulfilled this obligation in the 42 years since joining the convention.

Usham highlighted the Maldives' involvement in two cases before the ICJ concerning allegations of genocide against Muslim populations.

The first is the case brought by The Gambia against Myanmar over allegations of genocide against the Rohingya Muslim population.

The second is the case brought by South Africa against Israel over allegations of genocide against Palestinians.

The Maldives has intervened in both proceedings.

Usham argued that the absence of domestic legislation criminalising genocide could affect the Maldives' legal position in these cases.

"When the Maldives calls on other countries to comply with the Genocide Convention, the fact that the Maldives itself has not fulfilled an obligation under the convention affects the legal arguments presented by the Maldives," Usham wrote.

He said introducing genocide offences into the Penal Code was therefore necessary to fulfil the country's obligations under international law.

The government's bill seeks to establish genocide as a criminal offence under Maldivian law.

The proposed provisions cover acts directed against groups identified by nationality, ethnicity, race or religion.

These include killing members of a group, inflicting serious physical or mental harm, and deliberately subjecting members to conditions of life calculated to bring about the physical destruction of the group, in whole or in substantial part.

The bill also seeks to criminalise measures intended to prevent births within a group and the forcible transfer of children from one group to another.

Direct and public incitement to commit genocide would also constitute an offence under the proposed legislation.

In addition to the genocide provisions, the bill proposes criminalising acts that threaten the Maldives' economic security.

Under the proposed amendments, deliberately carrying out an act with knowledge that it could cause substantial damage to the national economy, or with reckless disregard for that possibility, would constitute an offence.

The proposed provisions cover damage to infrastructure and computer systems connected to essential facilities, disruption of essential services, and interference with systems used to provide those services.

The bill also seeks to criminalise actions intended to halt operations in major sectors that generate revenue for the state, where such actions result in substantial economic damage.

Separate provisions on treason would criminalise providing assistance, either within the Maldives or abroad, to individuals or groups engaged in warfare against the country.

The proposed amendments must be approved by Parliament and ratified before they can become law.