THE HAGUE, Netherlands
The International Court of Justice has formally opened a landmark genocide case against Myanmar’s military, placing the country’s powerful armed forces under renewed global scrutiny over their treatment of the Rohingya Muslim minority. The proceedings, which began this week at the UN’s top court, mark one of the most significant international legal actions tied to alleged mass atrocities in recent years.
The case was brought by The Gambia in 2019, acting on behalf of the Organisation of Islamic Cooperation, accusing Myanmar of violating the 1948 Genocide Convention. At the heart of the case are allegations that Myanmar’s military carried out a coordinated campaign of killings, sexual violence, village burnings, and forced displacement in Rakhine State, particularly during military operations in 2016 and 2017. Those actions drove more than 700,000 Rohingya across the border into Bangladesh, where many remain in refugee camps today.
Opening arguments focused on whether Myanmar, as a state, bears responsibility for acts that amount to genocide. Lawyers for The Gambia told judges that the violence was not random or incidental, but part of a deliberate effort to destroy the Rohingya as a group. They pointed to findings from UN investigators who previously concluded that there were reasonable grounds to believe genocidal intent existed.
Myanmar’s representatives strongly rejected the accusations. Addressing the court, officials described the military operations as legitimate responses to insurgent attacks and argued that claims of genocide are exaggerated and unsupported by concrete evidence. They maintained that any abuses that may have occurred were isolated incidents, not part of a state policy aimed at extermination.
The hearings come against the backdrop of ongoing turmoil in Myanmar, which has been ruled by a military junta since the 2021 coup. That political context has added weight to the case, as international pressure on the generals continues to mount through sanctions, diplomatic isolation, and parallel legal efforts in other courts.
Unlike criminal trials, the ICJ case does not seek to jail individual commanders. Instead, it focuses on state responsibility and whether Myanmar breached its obligations under international law. The court could order provisional measures or, eventually, require Myanmar to take specific steps to prevent further harm and ensure accountability.
Legal experts say the outcome could shape how genocide cases are argued in the future, particularly around the difficult issue of proving intent. The proceedings are also being closely watched because of their potential influence on other high-profile international cases involving allegations of genocide.
For Rohingya survivors, the opening of the case is being seen as a rare chance for recognition and justice after years of displacement and suffering. While a final ruling is not expected for many months, the start of hearings alone signals that the international community is willing to test the limits of global justice in confronting some of the world’s most serious alleged crimes.
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