In June 2020, The Gambia obtained the permission of the District
Court of the District of Columbia, United States of America, to
serve orders for document production and depositions (subpoenas
duces tecum and ad testificandum) on Facebook to
retrieve now-deleted Facebook posts that allegedly demonstrate the
genocidal intent of officials of the Government of Myanmar against
the Rohingya people.
The subpoenas were served under a US statute, 28 USC §
1782, that permits US-style discovery in aid of foreign
proceedings. While commonly used to secure evidence in aid of
domestic litigations or investigations in foreign countries,
Section 1782 can also be used to obtain evidence that might be
relevant to international judicial proceedings. In this case, The
Gambia is seeking the Facebook posts and other information for use
before the International Court of Justice in its claims of genocide
by Myanmar, in the case Application of the Convention on the
Prevention and Punishment
