ICJ Hearings Close in Landmark Rohingya Genocide Case Against Myanmar
THE HAGUE, Netherlands – Three weeks of hearings concluded January 29 at the International Court of Justice (ICJ) in a case brought by The Gambia alleging genocide committed against the Rohingya Muslim minority in Myanmar. The case, initially filed in 2019, centers on atrocities perpetrated in 2016 and 2017, and whether those actions violated the 1948 Genocide Convention.
The hearings represent a pivotal moment for the Rohingya, who have long sought accountability for widespread and systematic abuses. For decades, the Rohingya have faced discrimination and persecution in Myanmar, a predominantly Buddhist nation. The current case focuses on the military’s brutal crackdown in Rakhine State, which prompted over 742,000 Rohingya to flee to neighboring Bangladesh, according to UN estimates.
During the proceedings, Gambian lawyers presented evidence of “extreme brutality, pervasive sexual violence, targeting of children, and widespread burning and destruction of villages” as indicators of genocidal intent. Testimony, heard in closed session, came directly from Rohingya survivors from villages like Min Gyi (Tula Toli), Chut Pyin, and Maung Nu. These accounts detailed horrific acts – children shot, stabbed, and thrown into fires, widespread gang rape, and families forced into burning buildings – mirroring reports previously documented by the United Nations and Human Rights Watch.
“It is about real people, real stories and a real group of human beings, the Rohingya of Myanmar,” Gambian Justice Minister Dawda Jallow stated in his opening remarks, emphasizing the human cost of the alleged crimes. “Myanmar has denied them that dream. In fact, it turned their lives into a nightmare.”
Myanmar’s defense, presented by Ko Ko Hlaing and Thida Oo, argued that the 2016-2017 military operations were legitimate counterterrorism measures and that no genocidal intent existed. However, the representatives are themselves subject to international sanctions. The United States, Canada, and other governments have sanctioned both Hlaing and Oo for their roles as ministers within the ruling military junta. These sanctions underscore the international community’s condemnation of the junta’s actions.
The case is unfolding against a backdrop of continued violence in Myanmar. Since the military coup in 2021, the junta has been accused of widespread abuses across the country, exacerbating the risks faced by the remaining Rohingya population. Human Rights Watch recently reported that Rohingya communities continue to face grave risks, particularly in Rakhine State.
A ruling from the ICJ is not expected for at least six months. However, the hearings themselves are considered a significant step forward in the pursuit of justice for the Rohingya. The world’s highest court has now heard firsthand accounts of the suffering endured by this marginalized community.
The Gambia’s decision to bring the case is particularly noteworthy, as it represents a rare instance of one nation acting on behalf of a stateless population. The ICJ’s jurisdiction in this case rests on the fact that both The Gambia and Myanmar are parties to the Genocide Convention.
The outcome of the case could have far-reaching implications, not only for the Rohingya but also for the broader international legal framework surrounding genocide prevention and accountability. The international community is watching closely, hoping for a resolution that brings justice to the victims and deters future atrocities.
