Myanmar asserts that the Rohingya genocide case at The Hague is flawed and lacks evidence.
In a pivotal case unfolding at the International Court of Justice (ICJ), Myanmar faces allegations of genocide against its Rohingya population during a military crackdown in 2017. The proceedings could have far-reaching implications, not only for the Rohingya but also for international norms surrounding human rights and humanitarian intervention. As the trial progresses, it sheds light on the persistent struggles of marginalized communities and the global responsibility to address injustices.
Myanmar’s military government has described the ongoing genocide case against it, initiated by The Gambia, as “flawed and unfounded.” This assertion comes as the country prepares to respond in a significant international legal battle that began when The Gambia filed the case with the International Court of Justice (ICJ) in 2019. The allegations stem from a violent military offensive in 2017, which forced approximately 750,000 Rohingya individuals to flee, primarily to neighboring Bangladesh. The military’s actions during this operation have been characterized by survivors as encompassing mass killings, instances of rape, and widespread arson. Currently, about 1.17 million Rohingya live in crowded refugee camps in Cox’s Bazar, struggling for basic necessities.
During the trial’s opening session, Gambian Justice Minister Dawda Jallow asserted that the Rohingya “have been targeted for destruction” within Myanmar. In contrast, Myanmar’s Foreign Ministry has stated that the claims are based on biased reports lacking factual accuracy. They maintain that their military’s 2017 actions were justified as a counterterrorism operation in response to attacks from Rohingya armed groups.
This trial marks one of the few genocide cases the ICJ has addressed comprehensively in over a decade, with potential repercussions beyond Myanmar’s borders, potentially influencing South Africa’s petition against Israel regarding its military actions in Gaza. The hearings are anticipated to last for three weeks, with Myanmar’s legal representatives set to present their arguments later in the week.
The UN’s human rights chief, at the time of the crackdown, referred to the events as a “textbook example of ethnic cleansing,” while a UN fact-finding mission concluded that Myanmar’s military actions constituted “genocidal acts.” Nevertheless, Myanmar’s authorities continue to reject these framing, opting instead to refer to the Rohingya as “persons from Rakhine state,” failing to recognize their distinct ethnic identity.
As Myanmar conducts phased elections criticized for lacking transparency and fairness, the ICJ’s eventual ruling could exert significant political pressure on the military-led government. While the ICJ lacks enforcement power, a favorable outcome for The Gambia could open avenues for greater international accountability and support for the Rohingya population, emphasizing the global commitment to human rights and justice.
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