International Court of Justice Begins Hearings on Genocide Case Against Myanmar

The International Court of Justice (ICJ) in The Hague has commenced hearings on accusations that Myanmar is responsible for genocide against the Rohingya ethnic minority. The West African nation of Gambia filed the case in 2019, asserting that a 2017 military operation by Myanmar violated the 1948 Genocide Convention. Myanmar, now under military rule, has denied the allegations.\n\nGambia's legal team argued that without the ICJ's intervention, Myanmar's military would face no accountability for its alleged persecution and destruction of the Rohingya. The 2017 campaign in Rakhine state followed an attack by a Rohingya insurgent group. Security forces were accused of mass rapes, killings, and the torching of thousands of homes, leading over 700,000 Rohingya to flee to Bangladesh. Currently, approximately 1.2 million Rohingya are residing in overcrowded refugee camps.\n\nMyanmar was initially represented at the court by Nobel Peace Prize winner Aung San Suu Kyi, who denied that the country's armed forces committed genocide. She stated in 2019 that the Rohingya exodus was a result of conflict with insurgents. Aung San Suu Kyi is currently imprisoned following a military takeover and what her supporters describe as politically motivated charges.\n\nMyanmar had challenged the court's jurisdiction, arguing that Gambia was not directly involved in the conflict and thus could not initiate the case. However, in 2022, the judges rejected this argument, allowing the proceedings to continue. Both Gambia and Myanmar are signatories to the Genocide Convention.\n\nThe ICJ's decision to proceed with this case set a precedent, opening the door for South Africa's subsequent genocide case against Israel. According to an international law expert, the outcome of the Myanmar case could influence the legal test for genocide and potentially broaden its definition.\n\nThese legal proceedings are considered significant for the victims, as they validate their experiences and can provide support for other legal actions. 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.