Rohingya Genocide Case Hearings Underway in Myanmar

The International Court of Justice (ICJ) will begin hearings on the merits of a case alleging genocide against Myanmar, brought by Gambia in 2019. The case centers on the treatment of the Rohingya ethnic group and the need for justice following widespread atrocities. Hearings are scheduled to begin January 12, 2026.

Background on the Case

In August 2017, Myanmar security forces initiated a campaign of violence against Rohingya in northern Rakhine State, resulting in massacres, rape, and arson. This led to over 700,000 Rohingya fleeing to neighboring Bangladesh. Gambia filed a case before the ICJ in November 2019, alleging that Myanmar’s actions constitute genocide and violate the Convention on the Prevention and Punishment of the Crime of Genocide. This is a request for a legal determination of Myanmar’s state responsibility, not a criminal case against individuals.

Provisional Measures and Ongoing Abuses

In December 2019, the ICJ held hearings on Gambia’s request for provisional measures to protect the Rohingya. The court unanimously adopted these measures in January 2020, requiring Myanmar to prevent genocidal acts, ensure security forces do not commit such acts, and preserve evidence. Despite these legally binding orders, Human Rights Watch and others have documented ongoing grave abuses against the Rohingya in Myanmar.

Political Instability in Myanmar

Myanmar’s military staged a coup on February 1, 2021, overthrowing the democratically elected government and installing a military junta. Since then, armed conflict has engulfed much of the country, with security forces committing further abuses, including airstrikes against civilians. The military has long subjected Rohingya to atrocity crimes, including crimes against humanity such as apartheid, persecution, and deprivation of liberty. Recent fighting between the junta and the Arakan Army has placed Rohingya civilians in danger, with both sides committing grave abuses.

Legal Challenges and International Efforts

Myanmar initially challenged the ICJ’s jurisdiction and Gambia’s standing to file the case, but the court rejected these objections in February 2022. Establishing genocide requires demonstrating that genocidal acts were committed with the intent to destroy a group in whole or in part. During the upcoming hearings, parties will present arguments and evidence regarding Myanmar’s compliance with the Genocide Convention. Eleven countries have intervened in the case, although they will not present oral arguments.

Other Accountability Efforts

In addition to the ICJ case, several other efforts are underway to bring perpetrators of crimes in Myanmar to justice. The International Criminal Court (ICC) opened an investigation in 2019 into alleged crimes against the Rohingya, and in November 2024, the ICC prosecutor requested an arrest warrant for Min Aung Hlaing, commander-in-chief of Myanmar’s military, alleging his responsibility for crimes against humanity. Argentina has also filed a criminal case against Myanmar authorities under the principle of universal jurisdiction, issuing arrest warrants for 25 individuals, including Min Aung Hlaing, in February 2025.