The International Court of Justice (ICJ) in The Hague has commenced hearings regarding allegations of genocide against Myanmar concerning its Rohingya ethnic minority. The case was filed by the West African nation of The Gambia in 2019, asserting that a 2017 military operation by Myanmar violated the 1948 Genocide Convention. Myanmar, currently under military rule, has denied the allegations, presenting its defense that the operations targeted militant threats.
Background to the Case
The proceedings focus on a 2017 military campaign in Myanmar's Rakhine state, which followed an attack by a Rohingya insurgent group. This operation led to accusations of mass rapes, killings, and the torching of thousands of homes. As a result, over 700,000 Rohingya fled to Bangladesh, where more than one million currently reside in refugee camps, primarily in the Cox's Bazar region.
The Gambia initiated the case, arguing that Myanmar's actions constituted genocidal policies aimed at eliminating the minority Muslim population. Myanmar initially challenged the court's jurisdiction, contending that The Gambia was not directly involved in the conflict and thus could not initiate the case. However, in 2022, the ICJ judges rejected this argument, allowing the proceedings to continue. Both The Gambia and Myanmar are signatories to the 1948 Genocide Convention.
Nobel Peace Prize winner Aung San Suu Kyi, then representing Myanmar, denied in 2019 that the country's armed forces committed genocide, stating that the Rohingya exodus resulted from conflict with insurgents. Aung San Suu Kyi is currently imprisoned following a military takeover.
Allegations by The Gambia
The Gambia's foreign minister, Dawda Jallow, stated that Myanmar sought to eliminate the minority Muslim population through "genocidal policies." He cited decades of alleged persecution and "dehumanising propaganda" against the Rohingya, preceding the military operation.
Lawyers for The Gambia, including Philippe Sands, argued that the killing of women, children, and the elderly, alongside the destruction of villages, was inconsistent with counter-terrorism operations. They concluded that the evidence indicates a "genocidal intent" informed Myanmar's actions against the Rohingya. The Gambia's legal team maintained that ICJ intervention is necessary to ensure accountability for the alleged persecution and destruction of the Rohingya population. The Gambia's position is supported by the 57-nation Organisation of Islamic Cooperation.
Myanmar's Defense
Ko Ko Hlaing, a representative for the Myanmar government, denied the genocide allegations, describing them as "unsubstantiated" and stating that The Gambia had not provided sufficient proof. He maintained that the 2017 operations were "clearance operations," defined as military counter-insurgency or counter-terrorism efforts targeting militant threats in northern Rakhine state. Ko Ko Hlaing asserted that Myanmar was not obligated to permit "terrorists" unrestrained activity in the region.
Myanmar, under military control since 2021, consistently maintained that its operations targeted militant or insurgent threats. It rejected a 2018 UN report that called for an investigation into top military figures for genocide. Ko Ko Hlaing also reiterated Myanmar's commitment to the repatriation of individuals from Rakhine State currently living in camps in Bangladesh, attributing delays to external factors such as Covid-19. He argued that these efforts contradict the narrative of an intent to destroy or forcibly deport the population. Ko Ko Hlaing emphasized the critical importance of the outcome for his country's reputation and future, stating that a finding of genocide would leave an "indelible stain" on Myanmar.
Court Proceedings and Future Implications
The ICJ has scheduled closed sessions to hear testimonies from Rohingya survivors. A final ruling is anticipated toward the end of 2026.
This case is considered significant as it is the first genocide case heard by the ICJ in over a decade. It is expected to establish precedents for other genocide cases and offers an opportunity for ICJ judges to refine the definition of genocide under the 1948 UN Genocide Convention. The ICJ's decision to proceed with this case set a precedent, influencing South Africa's subsequent genocide case against Israel.
A finding of genocide by the ICJ would bolster an ongoing investigation by the International Criminal Court (ICC). In 2024, the ICC's chief prosecutor requested an arrest warrant for Senior Gen. Min Aung Hlaing, head of Myanmar’s military regime, for alleged crimes against the Rohingya; this request remains pending. The legal proceedings are also viewed as significant for the victims, potentially validating their experiences and providing support for other legal actions.