ICJ Hearings Begin in Rohingya Genocide Case Against Myanmar

The International Court of Justice on Monday began three weeks of hearings to determine whether Myanmar committed genocide against its Rohingya Muslim minority, marking a crucial phase in one of the most significant international legal cases of recent years. The proceedings are being held at the Peace Palace in The Hague amid close global scrutiny.

Background of the Rohingya Crisis

The case centres on Myanmar’s military crackdown in 2017, which forced hundreds of thousands of Rohingya Muslims to flee to neighbouring Bangladesh. Survivors reported widespread arson, mass rape, and killings allegedly carried out by the Myanmar armed forces and allied militias. Today, around 1.17 million Rohingya live in overcrowded refugee camps in Cox’s Bazar, facing severe humanitarian conditions and prolonged uncertainty over their future.

The Gambia’s Legal Challenge

In 2019, The Gambia filed a case against Myanmar at the ICJ, accusing it of breaching obligations under the 1948 Genocide Convention. The convention allows any state party to bring proceedings against another state suspected of genocide, regardless of direct involvement. The Gambia argues that Myanmar’s actions were aimed at the destruction of the Rohingya group, in whole or in part, through killings and the creation of life-threatening conditions.

ICJ Proceedings and Provisional Measures

The court has already rejected Myanmar’s objections to its jurisdiction, paving the way for hearings on the substance of the genocide allegations. In 2020, the ICJ ordered Myanmar to implement provisional measures, directing it to take all steps within its power to prevent acts prohibited under the Genocide Convention. These included preventing killings and conditions calculated to bring about the group’s physical destruction.

Imporatnt Facts for Exams

• The ICJ adjudicates disputes between states and is distinct from the International Criminal Court.
• The 1948 Genocide Convention obliges states to prevent and punish genocide.
• Provisional measures are binding orders issued to prevent irreparable harm during proceedings.
• Any state party to the Genocide Convention can bring a case, even if not directly affected.

Broader Legal and Political Implications

Legal experts see the hearings as a potential precedent for other genocide-related cases, including proceedings brought by South Africa against Israel over Gaza. While the ICJ lacks enforcement powers, a ruling in favour of The Gambia would significantly increase diplomatic and political pressure on Myanmar. Parallel investigations are also underway, with the International Criminal Court examining alleged crimes against humanity linked to Myanmar’s military leadership, underscoring the expanding international legal focus on accountability for the Rohingya crisis.