UN top court to hear genocide case against Myanmar over Rohingya persecution

Myanmar will face allegations of genocide against the Rohingya ethnic minority on January 12, as hearings begin at the International Court of Justice (ICJ), the United Nations’ top court, in a long-running case brought by The Gambia.
The West African nation filed the case in 2019, accusing Myanmar of violating the 1948 Genocide Convention during a 2017 military crackdown in Rakhine state. The operation, described by Myanmar’s military as a “clearance operation,” followed attacks by a Rohingya insurgent group but allegedly involved mass killings, sexual violence and the destruction of thousands of homes.
Myanmar, now under military rule following a 2021 coup, has consistently denied the allegations. During a preliminary hearing in 2022, The Gambia’s legal team argued that without international judicial scrutiny, Myanmar’s military would face no accountability for its actions against the Rohingya community.
More than 700,000 Rohingya fled Myanmar during the 2017 violence, most seeking refuge in neighbouring Bangladesh. Today, around 1.2 million Rohingya live in overcrowded refugee camps, where humanitarian groups have raised concerns about child recruitment by armed groups, trafficking and severe shortages of food and education following recent cuts in foreign aid.
“This case before the ICJ is a beacon of hope for hundreds of thousands of people like myself that our plight for justice will not go unheard,” said Lucky Karim of Refugee Women for Peace and Justice, an organisation advocating for accountability for crimes against the Rohingya.
Myanmar was initially represented at the ICJ by former civilian leader and Nobel Peace Prize laureate Aung San Suu Kyi, who told the court in 2019 that the mass displacement of Rohingya was the unintended outcome of counter-insurgency operations. Suu Kyi is now imprisoned following the military takeover, having been convicted on charges her supporters describe as politically motivated.
Myanmar had challenged the ICJ’s jurisdiction, arguing that The Gambia had no standing to bring the case as it was not directly affected by the conflict. However, in 2022, the court rejected that argument, noting that both countries are signatories to the Genocide Convention, and allowed the case to proceed.
Legal experts say the outcome of the Myanmar case could have broader implications for international law. Juliette McIntyre, an international law expert at the University of South Australia, said the proceedings could influence other genocide cases currently before the court. “The legal test for genocide is very strict, but it is possible the judges broaden the definition,” she said, adding that the case remains significant for victims as it validates their experiences.
A potential finding of genocide would also strengthen parallel proceedings at the International Criminal Court (ICC). In 2024, the ICC’s chief prosecutor sought an arrest warrant for Myanmar’s military leader, Senior Gen. Min Aung Hlaing, over alleged crimes against the Rohingya. That request is still under consideration.