UN court opens landmark Rohingya genocide hearings
Full merits phase begins in rare genocide case as Gambia accuses Burma of intent to destroy Rohingya community
THE HAGUE, Netherlands (MNTV) – The International Court of Justice on Monday opened public hearings in a landmark genocide case concerning atrocities committed against the Rohingya Muslim minority in Burma, marking a critical phase in one of the most closely watched international legal proceedings of the past decade.
The hearings, held at the Peace Palace in The Hague, stem from a case filed by The Gambia against Burma under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
According to a court press statement, the public hearings will continue until January 29 and will focus on the merits of the case, including the examination of witnesses and expert testimony presented by both sides.
It is the first time in more than 10 years that the world’s highest court has taken up a genocide case in full, underscoring the gravity of the allegations and the broader implications for international accountability.
Opening arguments were delivered by The Gambia’s Justice Minister Dawda Jallow, who told the judges that Burma’s military carried out a deliberate and coordinated campaign to destroy the Rohingya as a group. He said the actions of the military were not isolated excesses but part of a systematic policy targeting the Rohingya population in Rakhine State.
During the hearings, The Gambia is scheduled to present its main arguments from Monday through Thursday. Paul Reichler, one of the lead lawyers representing The Gambia, laid out graphic and detailed allegations based on witness testimony, including gang rapes, sexual mutilation, and infants being burned alive during military raids.
While much of the hearings are public, the court has said that Rohingya victims will also be heard in closed sessions due to security concerns and the sensitive nature of their testimony. It is the first time that Rohingya survivors of the alleged atrocities will be directly heard by an international court.
The case traces its origins to events in 2016 and 2017, when Burma’s military launched so-called “clearance operations” following attacks on security posts by Rohingya armed groups.
Those operations triggered one of the largest refugee exoduses in recent history. Around 750,000 Rohingya fled across the border into Bangladesh, joining hundreds of thousands who had already escaped earlier waves of violence.
Survivors described mass killings, widespread rape, sexual violence, and the burning of entire villages. Satellite imagery and independent investigations later corroborated accounts of villages being razed.
A United Nations fact-finding mission concluded in 2018 that the military operations included acts carried out with genocidal intent and recommended that senior military leaders be investigated and prosecuted.
Invoking Genocide Convention
On November 11, 2019, The Gambia formally filed its application at the International Court of Justice, invoking Article IX of the Genocide Convention as the basis for the court’s jurisdiction. The small West African country argued that Burma had breached its obligations under the convention by committing genocidal acts, failing to prevent genocide, and failing to punish those responsible.
The application asked the court to order Burma to cease any ongoing internationally wrongful acts and to fulfill its obligations of reparation in the interest of the victims. Alongside the main application, The Gambia requested provisional measures to protect the Rohingya while the case was being heard.
On January 23, 2020, the ICJ ordered a series of provisional measures, directing Burma to take all steps within its power to prevent acts prohibited under the Genocide Convention, ensure that its military and security forces do not commit such acts, and preserve evidence related to the allegations.
Burma rejected the genocide allegations and has consistently claimed that its military operations were legitimate counterterrorism actions. It also raised preliminary objections challenging the court’s jurisdiction and the admissibility of The Gambia’s application.
Those objections were dismissed in July 2022, when the court ruled that it had jurisdiction to hear the case under Article IX of the Genocide Convention. That decision cleared the way for the proceedings now underway, moving the case from preliminary legal arguments into the substantive examination of evidence.
Rights groups say the case carries significance far beyond Burma. They argue it will test the strength of the Genocide Convention and the willingness of the international community to enforce it, regardless of geopolitics.
“Seeing Gambia’s landmark case against Myanmar finally enter the merits phase delivers renewed hope to Rohingya that our decades-long suffering may finally end,” said Wai Wai Nu, founder and executive director of the Women’s Peace Network, in a joint statement issued by Human Rights Watch.
“Amid ongoing violations against the Rohingya, the world must stand firm in the pursuit of justice and a path toward ending impunity in Myanmar and restoring our rights,” she said.
Dire humanitarian situation
Human Rights Watch said in its statement that Burma’s military has long subjected the Rohingya to severe abuses, including what it described as ongoing crimes against humanity, such as apartheid, persecution, and the deprivation of liberty. The group urged governments to remain engaged with the ICJ process and to support accountability efforts in parallel international forums.
The humanitarian situation for the Rohingya remains dire. Today, around 1.17 million Rohingya live in overcrowded and fragile camps in Bangladesh’s Cox’s Bazar district, spread over roughly 8,000 acres. Many have lived there for years with limited access to education, livelihoods, and long-term prospects, as repatriation efforts have stalled due to security concerns and lack of guarantees in Burma.
Conditions inside Burma have further deteriorated since the military seized power in a coup in 2021. Since late 2023, Rohingya civilians have been caught in renewed fighting between the ruling military junta and the ethnic Arakan Army.
Rights groups report that both sides have carried out grave abuses, including extrajudicial killings, widespread arson, and unlawful recruitment, deepening the vulnerability of an already persecuted population.
Legal experts note that the ICJ proceedings will not result in criminal convictions, as the court adjudicates disputes between states rather than individuals. However, a ruling on the merits could have far-reaching consequences, including increased diplomatic pressure, sanctions, and potential use of the judgment in other legal forums.
The hearings in The Hague are expected to run over several weeks, with Burma presenting its defense later in the schedule. A final judgment is likely to take years, but for many Rohingya, the opening of the merits phase itself represents a rare moment of recognition on the world stage.
As proceedings continue through January 29, attention will remain fixed on the court as it weighs evidence from one of the gravest humanitarian crises of the 21st century and on whether international law can deliver accountability for a people who have waited decades for justice.
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