ICJ Begins Hearings on Gambia's Genocide Case Against Myanmar Over Rohingya Treatment

The International Court of Justice (ICJ) in The Hague, Netherlands, commenced public hearings on January 12, 2026, to examine the merits of the genocide case brought by The Gambia against Myanmar concerning the treatment of the Rohingya ethnic minority. This three-week proceeding, scheduled to conclude on January 29, 2026, represents a significant juncture, as it is the first time in over a decade the World Court will conduct full merits hearings in a case alleging violations of the 1948 Genocide Convention.

The central legal question before the ICJ is whether Myanmar breached its obligations under the Convention through the military's "clearance operation" in Rakhine State, which began in August 2017. This military campaign involved widespread accusations of mass killings, arson, and systematic rape, leading to the forced displacement of over 700,000 Rohingya into neighboring Bangladesh. The Gambia initiated these proceedings in November 2019, asserting that Myanmar failed in its duty to prevent and punish acts of genocide against the predominantly Muslim ethnic group residing primarily in Rakhine State.

The ICJ previously rejected Myanmar's challenge to its jurisdiction in July 2022, clearing the path for this substantive examination of the allegations. This case is considered landmark because it involves a non-injured state, The Gambia, filing the suit based on the erga omnes partes provision of the Genocide Convention, which posits that the obligation to protect against genocide is shared by all signatory states. During the hearings, both The Gambia and Myanmar will present oral arguments regarding the evidence of atrocities, with Week 2 featuring closed-session witness examination, a rare occurrence at the ICJ.

A delegation of Rohingya victims and witnesses, including men, women, and Hijra individuals, traveled from Cox's Bazar to The Hague to provide direct testimony, marking a significant moment for accountability. Myanmar, currently under the control of the military junta, has consistently refuted the genocide claims, with Aung San Suu Kyi having previously argued the military used only "disproportionate force." However, rights organizations maintain that grave abuses continue against the approximately 1.2 million Rohingya remaining in Myanmar, contravening provisional measures the ICJ unanimously ordered in January 2020 requiring Myanmar to prevent genocidal acts and preserve evidence.

Eleven nations, including Canada, Denmark, France, Germany, the Netherlands, and the United Kingdom, have filed declarations of intervention supporting The Gambia's position, underscoring the international gravity of the proceedings. Experts suggest that an affirmative finding by the ICJ, while lacking direct enforcement power, would significantly elevate political pressure on the junta and establish a crucial legal foundation for demanding reparations. The outcome of this merits phase will also set a significant precedent for other pending Genocide Convention cases before the Court, such as South Africa v. Israel and Ukraine v. Russia.