Hearings on the merits in The Gambia’s case accusing Myanmar of genocide against the Rohingya are set to begin on January 12 at the International Court of Justice (ICJ) in The Hague. The hearings are expected to run for three weeks, with France 24 reporting they will conclude on January 30.
The case asks the UN’s top court to decide whether Myanmar violated the 1948 Genocide Convention during a crackdown in 2017 that drove hundreds of thousands of Rohingya into Bangladesh. Human Rights Watch and partner groups describe the 2017 operation as a sweeping campaign of massacres, rape, and arson in northern Rakhine State that forced more than 700,000 people to flee.
What the ICJ will consider
The case was filed by The Gambia in 2019, and it concerns state responsibility rather than criminal charges against individual officials. France 24 describes the ICJ as a court that settles disputes between states, and notes the Genocide Convention allows any country to bring a case if it suspects a breach of the treaty.
To find that genocide occurred under the Genocide Convention, the ICJ must conclude that genocidal acts were committed with intent to destroy a national, ethnic, racial, or religious group in whole or in part. Human Rights Watch says the parties are expected to present arguments and evidence during the three-week hearings on whether Myanmar violated the Genocide Convention.
Earlier ICJ orders and ongoing concerns
Before reaching the merits stage, The Gambia asked the ICJ for provisional measures to protect the Rohingya while the case continues. Human Rights Watch says the ICJ unanimously adopted provisional measures in January 2020, requiring Myanmar to prevent genocidal acts, ensure its security forces do not commit genocide, and preserve evidence related to the case.
JURIST similarly reports that the ICJ’s January 2020 order directed Myanmar to halt and prevent genocidal acts against the Rohingya, prevent security forces under its control from committing genocidal acts, and preserve evidence of prior acts. Human Rights Watch says it and others have documented ongoing grave abuses against Rohingya remaining in Myanmar that run against the court-ordered provisional measures.
Rohingya displacement and voices from camps
France 24 reports that violence by the Myanmar military and Buddhist militias pushed hundreds of thousands of Rohingya Muslims into Bangladesh, where refugees described mass rape, arson, and murder. France 24 also reports that about 1.17 million Rohingya are in overcrowded camps in Bangladesh, and it quoted a Rohingya mother, Janifa Begum, saying she hopes “the suffering endured is reflected during the hearing” and adding, “We seek justice and peace.”
Myanmar’s position and past courtroom moment
France 24 reports that Myanmar has consistently said its actions by the Tatmadaw were aimed at eliminating Rohingya insurgents after attacks that killed security personnel. France 24 also recalls that during earlier proceedings, Aung San Suu Kyi went to the Peace Palace courthouse to defend Myanmar and characterized The Gambia’s claims as a “misleading and incomplete factual picture,” describing the situation as an “internal armed conflict.”
France 24 says Aung San Suu Kyi will not return for these hearings because she has been detained since a coup in 2021 and faces charges that rights organizations say are politically motivated. Human Rights Watch reports that Myanmar’s military staged a coup on February 1, 2021, ousting the elected government and installing a military junta, and says the period since then has included conflict and grave abuses, including airstrikes against civilians in multiple ethnic areas.
JURIST describes the Rohingya as a predominantly Muslim ethnic group mainly in Myanmar’s Rakhine State and says the ICJ is primarily concerned with acts since 2016, when Myanmar began so-called “clearance operations” that increased violence and statelessness and led to about 750,000 Rohingya fleeing to bordering countries. Human Rights Watch also says Rohingya civilians have been caught in fighting since late 2023 between the junta and the Arakan Army, and alleges both sides committed grave abuses such as extrajudicial killings, widespread arson, and unlawful recruitment.
Parallel cases and other accountability efforts
France 24 says legal analysts are watching the Myanmar proceedings for what they could indicate about how the ICJ may handle similar allegations brought by South Africa against Israel over military actions in Gaza. Human Rights Watch also references South Africa’s ICJ case filed in December 2023 alleging Israel violated the Genocide Convention regarding Palestinians in Gaza, and says the court issued provisional measures in 2024.
Human Rights Watch says the International Criminal Court (ICC) prosecutor opened an investigation in 2019 into alleged grave crimes against the Rohingya, and notes ICC judges found jurisdiction because at least one element of the alleged crimes occurred in Bangladesh, an ICC member. Human Rights Watch adds that in November 2024, the ICC prosecutor requested an arrest warrant for Min Aung Hlaing, alleging responsibility for crimes against humanity including deportation and persecution of Rohingya in 2017.
Human Rights Watch also says a group of human rights organizations filed a criminal case in Argentina in November 2019 under universal jurisdiction, and reports that in February 2025 an Argentine court issued arrest warrants for 25 individuals from Myanmar, including Min Aung Hlaing. France 24 likewise reports that an additional case is underway in Argentina under universal jurisdiction, and says the ICC is probing Min Aung Hlaing for crimes against humanity.
