The International Court of Justice (ICJ) began hearing legal proceedings against Myanmar on Monday over its alleged genocide of the Rohingya Muslim minority during the 2017 ethnic violence. The case was brought by Gambia, accusing Myanmar of breaching the 1948 Genocide Convention during a military crackdown in Rakhine State.
Legal experts note that the proceedings will also be closely watched for their implications on the separate ICJ case brought by South Africa against Israel over its military actions in Gaza. According to UN figures, hundreds of thousands of Rohingya Muslims fled Myanmar following widespread violence allegedly perpetrated by the Myanmar military and Buddhist militias. Survivors told investigators of mass rape, arson, and murders carried out by extremist Buddhist militiamen and the military.
“Today, 1.17 million Rohingya live crammed into dilapidated camps spread over 8,000 acres in Cox’s Bazar in Bangladesh,” according to UN figures.
Victims of the violence have demanded justice and severe punishment for the perpetrators since 2017. Some eyewitnesses who fled the country said they lost everything, with family and friends killed by Buddhist extremists. Gambia, a Muslim-majority country in West Africa, brought the case to the ICJ in 2019, which rules in disputes between states.
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The UN’s Genocide Convention allows any country to file a case against another it believes is breaching the treaty. In December 2019, lawyers for Gambia presented evidence of what they described as “senseless killings… acts of barbarity that continue to shock our collective conscience.”
While Myanmar denies the charges and calls the killings a response to Muslim militant groups, the ICJ initially sided with Gambia and ordered Myanmar to immediately halt violence against the ethnic minority. In 2020, the court ruled that Myanmar must take “all measures within its power” to prevent acts prohibited under the 1948 Genocide Convention.
The court had already dismissed a 2022 Myanmar challenge to its jurisdiction, confirming its power to rule on the genocide issue. A final decision could take months or even years, and while the ICJ has no means of enforcing its rulings, a decision in favour of Gambia would increase political pressure on Myanmar.
Aung San Suu Kyi will not be revisiting the Peace Palace; she has been detained since the 2021 coup on charges rights groups say are politically motivated.
Meanwhile, the International Criminal Court (ICC) is also hearing a case against the Myanmar military and radical elements involved in the persecution of millions of Rohingya Muslims.
Interestingly, another case is being heard in Argentina under the principle that the gravity of these crimes is so heinous that the criminals can be prosecuted in any international forum or court.
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