* Rohingya Genocide Case Moves to Judgment
- Oral arguments in the genocide case brought by The Gambia against Myanmar before the International Court of Justice (ICJ) concluded on January 29, 2026, after three weeks of...
- The Gambia asserts that Myanmar's actions against the Rohingya constitute acts of genocide as defined by the Genocide Convention of 1948.
- During the hearings, Gambia presented evidence, including witness testimonies and reports from international organizations, to support its claims.
Gambia’s Genocide Case Against Myanmar Concludes at the ICJ
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Oral arguments in the genocide case brought by The Gambia against Myanmar before the International Court of Justice (ICJ) concluded on January 29, 2026, after three weeks of hearings.The case, initially filed in 2019, centers on allegations that Myanmar committed genocide against the Rohingya ethnic group in 2016 and 2017, violating the 1948 Genocide Convention.
the Core allegations
The Gambia asserts that Myanmar’s actions against the Rohingya constitute acts of genocide as defined by the Genocide Convention of 1948. Specifically, Gambia alleges that Myanmar’s military and security forces engaged in a systematic campaign of violence, including killings, sexual violence, and the destruction of rohingya villages, with the intent to destroy the group, in whole or in part.
During the hearings, Gambia presented evidence, including witness testimonies and reports from international organizations, to support its claims. They argued that the scale and nature of the atrocities demonstrate a clear intent to commit genocide. the ICJ’s transcript of Gambia’s oral arguments details the specific allegations and supporting evidence presented.
For example,the UN Human Rights Office reported in 2018 that over 700,000 Rohingya fled Myanmar to Bangladesh following a surge in violence in August 2017,citing widespread human rights abuses.
Myanmar’s Defense
Myanmar disputes the allegations of genocide, arguing that its military operations were legitimate responses to attacks by Rohingya militants. Myanmar maintains that its actions were aimed at suppressing terrorism and maintaining national security.
Myanmar’s legal team argued that the ICJ lacks jurisdiction over the case and that Gambia does not have standing to bring the claim. They also challenged the evidence presented by Gambia, claiming it is biased and unreliable. The ICJ’s transcript of Myanmar’s oral arguments outlines their defense in detail.
In 2020, Myanmar’s State Counsellor Aung San Suu Kyi personally appeared before the ICJ to defend her country against the genocide allegations, though she was later ousted in a military coup in 2021.
Provisional Measures and Current Status
In January 2020, the ICJ issued provisional measures ordering Myanmar to take all possible measures to prevent acts of genocide against the Rohingya. These measures included reporting back to the court on its progress.Myanmar has submitted several reports to the ICJ, which have been criticized by human rights groups for lacking transparency and failing to adequately address the concerns raised by the court.
The conclusion of the oral arguments on the merits of the case marks a significant step in the proceedings. The ICJ will now intentional and issue a final judgment, which could take several months or even years.The ICJ’s case page for gambia v.myanmar provides updates on the proceedings and related documents.
The ICJ’s decision will be legally binding on Myanmar, although the court has limited enforcement mechanisms. The case has garnered international attention and is seen as a crucial test of the international legal framework for preventing and punishing genocide.