ICJ to Hear Myanmar Genocide Case Affecting Future International Rulings

The International Court of Justice (ICJ) has scheduled hearings from January 12 to 29 to examine allegations that Myanmar committed genocide against its Rohingya Muslim minority, the United Nations’ principal judicial organ confirmed Friday.

This case represents the ICJ’s first genocide trial on the merits in more than ten years and is anticipated to set significant legal precedents that may impact parallel international disputes, including South Africa's case regarding the conflict in Gaza.

During the opening week of the hearings, Gambia—a mostly Muslim West African nation that initiated the suit in 2019 with the support of the Organisation of Islamic Cooperation—will present its arguments from January 12 to 15. Gambia accuses Myanmar of systematically targeting the Rohingya population.

Myanmar denies the allegations and will respond between January 16 and January 20. In a rare procedural decision, the Court has allocated three days to review witness testimonies in closed sessions inaccessible to the public and media.

The case is grounded in the 1948 Genocide Convention, established in response to the Holocaust and defining genocide as acts intended to destroy, entirely or partially, a national, ethnic, racial, or religious group. Both Myanmar and Gambia are signatories, thus accepting the ICJ’s jurisdiction.

Earlier investigations by a U.N. fact-finding mission concluded that Myanmar’s 2017 military campaign, which forced over 730,000 Rohingya to flee to Bangladesh, included "genocidal acts." Myanmar has dismissed these findings as biased, asserting the military actions targeted armed Rohingya insurgents.

Historically, the ICJ has only recognized one confirmed genocide case—the 1995 Srebrenica massacre during the Yugoslav Wars.

The outcome of this trial could significantly influence international law, especially since several intervening states, including Canada, France, Germany, and the United Kingdom, have emphasized that genocidal intent should not be judged solely on death tolls but also other factors like forced displacement, harm to children, and sexual and gender-based violence.

The coming hearings are thus expected to shape the interpretation and enforcement of genocide law globally, reinforcing the international community’s response to such grave accusations.