by Hafizur Rahman
Hearings have begun at the International Court of Justice in The Hague in a landmark case accusing Myanmar of committing genocide against the Rohingya people. The proceedings started this week, more than six years after the case was first filed, marking a major moment in the international legal pursuit of accountability for crimes committed against the Rohingya.
The case was brought in November 2019 by The Gambia, which accuses Myanmar of violating the 1948 United Nations Genocide Convention. The Convention obliges states to prevent and punish genocide wherever it occurs.
What Myanmar is accused of
Myanmar is accused of carrying out a violent military campaign against the Rohingya Muslim minority in Rakhine State in 2017. During that period, Rohingya villages were burned, civilians were killed, women and girls were subjected to sexual violence, and entire communities were forcibly displaced.
Around 700,000 Rohingya were forced to flee across the border into Bangladesh. A United Nations investigation later concluded that at least 10,000 Rohingya may have been killed and that the military’s actions showed genocidal intent.
This is the first case concerning Myanmar to reach the hearing stage at the ICJ, despite other legal actions being pursued in different courts around the world.
Why the case took years to reach hearings
Legal experts note that cases before the ICJ often take many years to progress to hearings. Myanmar repeatedly sought delays and challenged whether the Court had jurisdiction to hear the case.
In 2022, the ICJ rejected Myanmar’s objections and confirmed that it has the authority to proceed, allowing the case to move forward to its current phase.
Human rights lawyer Maria Elena Vignoli of Human Rights Watch said the hearings are a significant moment for Rohingya victims and survivors. She said the case reflects the persistence of survivors and activists who have continued to demand justice despite years of delay.
Myanmar’s past defense and political changes
In December 2019, Myanmar was represented at the ICJ by its then civilian leader Aung San Suu Kyi, who rejected the genocide allegations on behalf of the state. Her appearance drew widespread criticism from human rights organizations for defending the military’s actions.
In 2021, Myanmar’s military removed her from power in a coup and placed her under detention, where she remains.
What is happening during the hearings
The ICJ has scheduled hearings from 12 January to 29 January 2026. The first phase includes oral arguments from both The Gambia and Myanmar. This will be followed by witness and expert testimony, including accounts from Rohingya survivors. Parts of the hearings are being broadcast publicly, while sessions involving sensitive testimony will be closed for security and privacy reasons.
Legal observers say these hearings are particularly important because judges are able to hear directly from witnesses and experts, rather than relying only on written submissions. The Gambia is expected to present evidence related to killings, forced displacement, sexual violence, and the impact of violence on Rohingya children.
Wider legal and political implications
Legal experts say the outcome of this case could influence how future genocide cases are handled at the ICJ, including other high profile cases currently before the Court.
Separately, the International Criminal Court is investigating crimes committed against the Rohingya. The ICC has requested an arrest warrant for Myanmar’s military leader Min Aung Hlaing in relation to those crimes.
If the ICJ ultimately finds Myanmar responsible for genocide, it could order the state to punish those responsible, provide reparations, restore Rohingya citizenship rights, and ensure conditions for safe and voluntary return. The Court could also require institutional reforms to prevent future violations.
However, enforcement of ICJ rulings depends largely on international political pressure. The United Nations Security Council is responsible for enforcement, though China and Russia have previously blocked strong action against Myanmar.
Even so, experts say a ruling against Myanmar could increase diplomatic and legal pressure from other states, regardless of Security Council action.
Awaiting judgment
The ICJ is expected to issue its final judgment later this year. For Rohingya communities living in camps and in the diaspora, the case represents a rare opportunity for international recognition, accountability, and the possibility of justice after years of denial and displacement.
Recent Comments