The International Court of Justice (ICJ) has begun hearings in a landmark case against Myanmar. The Gambia, a Muslim-majority country, accuses Myanmar of committing genocide against the Rohingya Muslim minority. The Gambia claims Myanmar used “genocidal policies” to attempt to erase the Rohingya people.
The case, filed in 2019, comes after Myanmar’s violent crackdown in 2017, which left thousands of Rohingya dead and forced over 700,000 to flee to Bangladesh. Myanmar denies the allegations, claiming its operations targeted insurgents, not civilians.
The Gambia’s Case Against Myanmar
The Gambia’s foreign minister, Dawda Jallow, told the court that Myanmar had subjected the Rohingya to brutal violence. Jallow described credible reports of widespread violations. He stressed that these actions were not isolated but part of a deliberate, long-standing campaign to destroy the Rohingya people. Myanmar’s military crackdown in 2017 was the culmination of decades of persecution.
In 2018, the UN issued a report calling for the investigation of Myanmar’s top military officials for genocide and crimes against humanity. Myanmar rejected the findings, insisting its actions targeted militants. Now, Myanmar will respond to the accusations during the ICJ hearings.
ICJ Hearings and the Path to Justice
The ICJ hearings will last for several weeks. Myanmar will have the opportunity to defend itself, but it will also face testimony from witnesses, including Rohingya survivors. However, these sessions will remain closed to the public and media.
Though the ICJ cannot prosecute individuals for genocide, its ruling carries significant weight internationally. The court’s opinion could influence future cases and contribute to the global understanding of genocide.
Aung San Suu Kyi’s Controversy
The case has also brought attention to Myanmar’s former leader, Aung San Suu Kyi. Once hailed as a human rights champion, Suu Kyi’s reputation suffered when she defended Myanmar’s military during the 2017 crackdown. Following a 2021 coup, she was deposed and jailed under charges that many consider politically motivated.
Survivors Demand Justice
Survivors of the violence have expressed their demand for justice. Monaira, a survivor, said outside the court that they do not just hope for justice but demand it. She called for action against Myanmar’s military leaders. More than one million Rohingya still live in refugee camps in Bangladesh, where conditions remain dire.
Another survivor, Salma, echoed Monaira’s plea, saying they no longer want to live in refugee camps. She hopes the court’s decision will bring an end to the suffering of the Rohingya.
The Case’s Global Impact
This case has the potential to set a precedent for future genocide cases. It is the first genocide case heard by the ICJ in over a decade. The judges may use this opportunity to refine the legal definition of genocide. The 1948 UN Genocide Convention defines genocide as acts committed “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”
Jallow stressed that the Genocide Convention’s words must be upheld and enforced. He emphasized that Myanmar must be held accountable for its actions against the Rohingya.
International Support for The Gambia
The Gambia has received support for its case from 57 member states of the Organisation of Islamic Cooperation, along with countries such as the UK, France, Germany, and Canada. The International Criminal Court (ICC) is also investigating Myanmar’s military leader, Min Aung Hlaing, for his role in the violence.
