Myanmar's Rohingya Genocide Case Reaches Critical Stage at World Court

The International Court of Justice (ICJ) announced on Friday it will begin hearings next month on the merits of a landmark case accusing Myanmar of committing genocide against its Rohingya minority. The move marks a critical phase in a legal battle initiated by The Gambia in 2019, shifting from procedural arguments to the substantive question of whether Myanmar is responsible for acts of genocide.

The case centers on the Myanmar military's brutal 'clearance operation' in August 2017. While justified by the state as a response to militant attacks, the campaign saw soldiers and vigilantes torch villages and shoot civilians, driving an estimated 750,000 Rohingya into neighboring Bangladesh. United Nations investigators later concluded the military's actions displayed 'genocidal intent'.

The 1948 Genocide Convention: The treaty defines genocide as 'acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.' Both The Gambia and Myanmar are signatories.

In a statement, the ICJ—the UN's top court for state-level disputes—laid out a schedule for the public hearings, which will run from January 12 to 29. The Gambia will present its arguments from January 12-15, with representatives for Myanmar's military junta delivering their oral arguments from January 16-20. The court has also set aside three days for witness examinations, though these sessions will be closed to the public.

The political backdrop to the case has shifted dramatically. During preliminary hearings in 2019, then-leader Aung San Suu Kyi personally appeared in The Hague to defend the military, arguing The Gambia had presented an 'incomplete and misleading factual picture.' But just over a year later, she was overthrown and imprisoned in a February 2021 military coup. While the opposition National Unity Government, formed by ousted lawmakers, has since withdrawn all of Myanmar's preliminary objections to the case, it's the junta—the very institution accused of the atrocities—that now represents the state in court.

This case is more than a trial about past events; it's a test of the international legal system's capacity to hold a state accountable. According to Reuters, the outcome could set a significant precedent for future cases, including the one brought by South Africa against Israel over its war in Gaza. As the hearings begin, the world will be watching to see how the court navigates the complex intersection of state sovereignty, human rights, and the pursuit of justice for one of the world's most persecuted minorities.