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Gambia, Myanmar to Present Their Arguments Before World Court originally published by Human Rights Watch (The Hague) – International Court of Justice (ICJ) hearings in the Myanmar genocide case highlight the need for justice for the ethnic Rohingya, Burmese Rohingya Organisation UK, Global Justice Center, Human Rights Watch, Refugee Women for Peace and Justice, and Women’s Peace Network said today. Hearings on the merits of the case begin on January 12, 2026. In August 2017, Myanmar security forces began a sweeping campaign of massacres, rape, and arson against Rohingya in northern Rakhine State that forced more than 700,000 people to flee to neighboring Bangladesh. In November 2019, Gambia filed a case before the ICJ alleging that Myanmar’s atrocities against the Rohingya constitute genocide and violate the Convention on the Prevention and Punishment of the Crime of Genocide. This is not a criminal case against individuals, but a request for a legal determination of Myanmar’s state responsibility for genocide. “Seeing Gambia’s landmark case against Myanmar finally enter the merits phase delivers renewed hope to Rohingya that our decades-long suffering may finally end,” said Wai Wai Nu, founder and executive director of the Women’s Peace Network. “Amid ongoing violations against the Rohingya, the world must stand firm in the pursuit of justice and a path toward ending impunity in Myanmar and restoring our rights.” In December 2019, the ICJ held hearings on Gambia’s request for provisional measures to protect the Rohingya remaining in Myanmar from genocide, which the court unanimously adopted in January 2020. The court’s provisional measures require Myanmar to prevent all genocidal acts against the Rohingya, to ensure that security forces do not commit acts of genocide, and to take steps to preserve evidence related to the case. Myanmar is legally bound to comply. Human Rights Watch and others have documented ongoing grave abuses against the Rohingya remaining in Myanmar, contravening the court-ordered provisional measures. On February 1, 2021, Myanmar’s military staged a coup, overthrew the democratically elected government, and installed a military junta. Since the coup, armed conflict between Myanmar’s security forces and opposition forces and ethnic armed groups has engulfed much of the country, with security forces committing grave abuses, including airstrikes against civilians in multiple ethnic areas. The Myanmar military has long subjected Rohingya to atrocity crimes, including the ongoing crimes against humanity of apartheid, persecution, and deprivation of liberty. Since late 2023, Rohingya civilians have been caught in the fighting between the junta and ethnic Arakan Army armed group. Both sides have carried out grave abuses, including extrajudicial killings, widespread arson, and unlawful recruitment. “The Myanmar military’s vicious cycles of abuses and impunity need to end,” said Shayna Bauchner, Asia researcher at Human Rights Watch. “This should begin with governments holding the junta to its legal obligation to comply with the ICJ-ordered provisional measures.” In January 2021, Aung San Suu Kyi’s ruling National League for Democracy government filed preliminary objections challenging the ICJ’s jurisdiction and Gambia’s standing to file the case. In February 2022, the ICJ heard Myanmar’s objections from the military junta. In July, the court rejected the objections, allowing the case to proceed on the merits. Establishing that genocide has taken place under the Genocide Convention requires demonstrating that genocidal acts were committed with an intent to destroy a national, ethnic, racial, or religious group in whole or in part. During the three-week hearings at the ICJ, the parties are expected to present their arguments and supporting evidence about whether Myanmar violated the Genocide Convention. Eleven countries intervened in the case but will not present orally at the hearings on the merits. While their written submissions remain confidential, their declarations of intervention outline several arguments in support of Gambia’s position, including on the issue of genocidal intent, the scope of the obligation to prevent and punish genocide, and the role of sexual and gender-based violence for a genocide determination. The latter is detailed in a paper being published by the Global Justice Center. “Genocide does not unfold only through mass killing,” said Elise Keppler, executive director of the Global Justice Center. “In Myanmar, targeted sexual and reproductive violence inflicted on Rohingya women and girls was designed to break families, threaten futures, and eliminate the possibility of survival as a group. A gender-competent analysis makes this intent visible – and without it, the case that genocide against the Rohingya occurred is incomplete.” In addition to Gambia’s ICJ case, there are several ongoing efforts to bring individual perpetrators of crimes in Myanmar to justice. In 2019, the International Criminal Court (ICC) prosecutor opened an investigation into alleged grave crimes against the Rohingya. Although Myanmar is not a member of the ICC, the court’s judges have determined that the ICC has jurisdiction over the situation because at least one element of the alleged crimes took place in Bangladesh, an ICC member. 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 the crimes against humanity of deportation and persecution of the Rohingya in 2017. To bring comprehensive accountability, the United Nations Security Council should expand the ICC’s jurisdiction to address the full scope of criminality by referring the situation in Myanmar to the court, the groups said. In November 2019, a group of human rights organizations, including the Burmese Rohingya Organisation UK, filed a criminal case in Argentina under the principle of universal jurisdiction against Myanmar authorities for crimes committed in Rakhine State. In February 2025, an Argentine court issued arrest warrants for 25 individuals from Myanmar, including Min Aung Hlaing. “To fully address the scale of the crimes against the Rohingya, it is key to seek justice and accountability through different avenues,” said Tun Khin, president of the Burmese Rohingya Organisation UK. “This case and the pursuit of justice are not only about accountability for past atrocities, but about preventing future ones.” Gambia’s filing in 2019 was the first time that a country without any direct connection to the alleged crimes used its membership in the Genocide Convention to bring a case before the ICJ. In December 2023, South Africa filed a case with the ICJ alleging that Israel violated the Genocide Convention by committing genocide against Palestinians in Gaza and by failing to prevent it, including by not holding senior Israeli officials and others accountable for their direct and public incitement to genocide. In January, March, and May 2024, the court issued provisional measures, but Israel has flouted the court’s orders to open the crossings into Gaza and allow sufficient humanitarian aid in. “Myanmar’s case before the ICJ is a beacon of hope for hundreds of thousands of people like myself that our plight for justice will not go unheard,” said Lucky Karim, founder and executive director of Refugee Women for Peace and Justice. “This and other cases before the ICJ are powerful warnings to abusive states across the world that one day, they too may be called to respond for their actions before a court of law.”

NEW YORK — The International Court of Justice today issued a ruling that rejected “preliminary objections” raised by Myanmar in its genocide case. The case brought by The Gambia to hold Myanmar accountable for its 2017 genocide of the Rohingya will now move on to the merits phase. Preliminary objections are typically filed to raise procedural issues. Among other things, Myanmar objected to the court’s jurisdiction as well as The Gambia’s standing to bring the case. For more on preliminary measures, see this recent Q&A on the case. Akila Radhakrishnan, president of the Global Justice Center, issued the following statement: “Since its genocide of the Rohingya nearly five years ago, Myanmar’s military junta has done whatever it can to avoid or delay international accountability for its crimes. The court’s ruling today rejects Myanmar’s latest delay tactic, advancing this critical vehicle for justice. “This court has rejected the military junta at every turn. In its hearings and order on provisional measures, the court already considered and rejected many of these procedural objections from Myanmar. In issuing provisional measures, the court also found that serious risks of genocide still existed for the Rohingya and ordered Myanmar to take steps to prevent genocide. The fact is, Myanmar violated the Genocide Convention and it can’t avoid accountability any longer. “Since it seized power in a coup last February, the military junta’s violence and criminality has only deepened. Though we’ve seen strong condemnation and some bare accountability measures from the international community, the people of Myanmar continue to suffer under this brutal regime. And though this case is just one of many roads toward justice, its resolution would be a major step towards justice and a sustainable, democratic Myanmar.”

International Court of Justice (ICJ) hearings beginning February 21, 2022 underline the critical importance of bringing justice for the Myanmar military’s abuses against ethnic Rohingya, Human Rights Watch and the Global Justice Center said today. The groups released a question-and-answer document outlining recent developments in the case, including the impact of the February 1, 2021 military coup in Myanmar, on the ICJ proceedings. The hearings at the court from February 21 to 28 are for the case brought by Gambia against Myanmar alleging that the military’s atrocities in Rakhine State against Rohingya Muslims violate the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). “The International Court of Justice hearings are the next step in the landmark case to break the cycle of violence and impunity in Myanmar,” said Nushin Sarkarati, associate international justice director at Human Rights Watch. “The case could build a pathway to justice, not only for the Rohingya, but for everyone in the country.” In November 2019, Gambia filed a case before the ICJ alleging that Myanmar’s atrocities against the Rohingya in Rakhine State violate various provisions of the Genocide Convention. The case before the ICJ is not a criminal case against individual alleged perpetrators, but a legal determination of state responsibility for genocide. The ICJ held hearings in December 2019, on Gambia’s request, for provisional measures to protect the Rohingya remaining in Myanmar from genocide, which the court unanimously adopted in January 2020. The new hearings will cover Myanmar’s preliminary objections to the case, which challenge the court’s jurisdiction and Gambia’s legal standing to file the case. The court’s provisional measures require Myanmar to prevent all genocidal acts against the Rohingya, to ensure that security forces do not commit acts of genocide, and to take steps to preserve evidence related to the case. Myanmar is legally bound to comply with this order. However, Human Rights Watch and others have documented ongoing grave abuses against the 600,000 Rohingya remaining in Myanmar, contravening the provisional measures ordered by the court. Since the February 2021 coup, junta security forces have carried out mass killings, torture, sexual violence, arbitrary arrests, and other abuses that Human Rights Watch believes amount to crimes against humanity. Security forces have killed over 1,500 people since the coup, including at least 100 children, and arbitrarily detained over 11,000 activists, politicians, journalists, and others. Rohingya have also faced even greater movement restrictions and harsher punishments for attempting to leave Rakhine State, which amount to the crimes against humanity of persecution, apartheid, and severe deprivation of liberty. In 2019, Myanmar’s government appointed State Counsellor Aung San Suu Kyi to lead its delegation to the ICJ. During the 2021 coup, the military arrested Aung San Suu Kyi and a junta-controlled court sentenced her to six years in prison. She still faces over 150 years in prison combined on various additional fabricated charges. On June 24, 2021, the junta announced that it appointed a panel of eight senior junta officials to represent Myanmar’s delegation before the court. During the February hearings, representatives of Myanmar and Gambia will present arguments as to whether the ICJ has jurisdiction to examine the genocide claims against Myanmar. The hearings will take place in a hybrid format, including both in-person and virtual participants. Live streaming of the hearings will be available in English and French on the court’s website and on UN Web TV. While the ICJ case focuses exclusively on alleged crimes against the Rohingya, the military has committed brutal abuses across Myanmar. In the wake of the coup, ethnic groups have sought greater solidarity in the pursuit of justice, as the military’s atrocities against the Rohingya have been echoed in attacks on civilians around the country. The ICJ case could set the stage to scrutinize the Myanmar military’s longstanding international crimes more widely, Human Rights Watch and the Global Justice Center said. “As the Myanmar military continues to commit atrocities against anti-coup protesters and ethnic minorities, it should be put on notice there will be consequences for these actions – past, present, and future,” said Akila Radhakrishnan, president of the Global Justice Center. “The ICJ’s proceedings are laying the groundwork for accountability in Myanmar – not only for the Rohingya, but for all others who have suffered at the hands of the military.” For a question-and-answer document on recent developments on Gambia’s Case Against Myanmar at the International Court of Justice, please visit: https://www.hrw.org/news/2022/02/14/developments-gambias-case-against-myanmar-international-court-justice For more Human Rights Watch reporting on international justice, please visit: https://www.hrw.org/topic/international-justice For more Human Rights Watch reporting on Myanmar, please visit: https://www.hrw.org/asia/myanmar-burma For more on the Global Justice Center’s work on Myanmar, please visit: https://globaljusticecenter.net/our-work/demanding-justice-for-sexual-and-gender-based-violence/mass-atrocity-crimes

NEW YORK — Reports surfaced today that the International Court of Justice will hold hearings on February 21 in The Gambia’s case against Myanmar for the 2017 genocide of the Rohingya. The hearings — the first since last year’s military coup — will consider Myanmar’s “preliminary objections” to the case. Preliminary objections are typically filed to raise procedural issues before the court considers the merits of the case. Objections filed by Myanmar likely include challenges to The Gambia’s standing to file the case and to the existence of a dispute with The Gambia. More information on preliminary objections and the military coup’s effect on the case can be found here. Akila Radhakrishnan, president of the Global Justice Center, issued the following statement: “It is important that a critical vehicle to secure accountability for the Rohingya genocide is moving forward, especially after the perpeptrators of this grave crime took power in a coup. The present crisis in Myanmar was born of impunity and it will take accountability at this court and elsewhere to move Myanmar back on the path to democracy. “Myanmar’s preliminary objections are little more than delay tactics. In its hearings and order on provisional measures, the court already considered and rejected many of these arguments. The fact is Myanmar violated the Genocide Convention and Myanmar will do everything it can to avoid facing justice. And with the news that the military junta will defend in this case, the perpetrators of the Rohingya genocide will now be the one’s physically present in court to answer for their atrocities. “The military has not only yet to be held accountable for its grievous crimes, but illegally seized power over their country. In its repression of the pro-democracy movement, the military is continuing the human rights abuses that a generation of impunity has afforded. It’s past time for these atrocities to be met with consequences and this case is a vital tool to secure such justice.”

NEW YORK —The government of Myanmar today filed its second report to the International Court of Justice on compliance with the court’s order to protect Rohingya from genocide. The report will not be made public at this time. The court issued its “provisional measures” order in January. It required Myanmar to prevent genocidal acts, ensure military and police forces do not commit genocidal acts, preserve all evidence of genocidal acts, and report on compliance with these provisional measures. Reports to the court are due every six months after the first report in May. Grant Shubin, legal director of the Global Justice Center, issued the following statement: “We welcome Myanmar’s second report, but merely meeting the court’s technical deadlines is not enough. Since the provisional measures order was issued, Myanmar has done nothing to address the root causes of discrimination and impunity that give rise to the ongoing risk of genocide against the Rohingya. “In fact, the government has ramped up discrimination with this month’s election that disenfranchised Rohingya voters and blocked Rohingya candidates from running for office. Meaningful compliance with the order requires comprehensive legal reform to dismantle systemic discrimination against the Rohingya and to strip the military of its supremacy and autonomy.”

NEW YORK — The governments of Canada and the Netherlands today announced their intention to intervene in the genocide case against Myanmar at the International Court of Justice. In a joint statement, the foreign ministries of both governments said the move furthers their solemn pledge to prevent genocide and hold those responsible to account. They also made clear their intention to “pay special attention to crimes related to sexual and gender-based violence, including rape.” Akila Radhakrishnan, President of the Global Justice Center, had the following response: “Today’s announcement from Canada and the Netherlands is nothing short of historic. The Gambia took the brave and necessary step to file the case late last year, but the cause of the Rohingya must be a cause of the whole world. Canada and the Netherlands took a major step today towards fulfilling their legal and moral duty to act against genocide. “Just as important as their intention to intervene is their promise to focus on gendered crimes of genocide like sexual and gender-based violence, which was central to the atrocities against the Rohingya. Too often, gendered experiences do not translate to justice and accountability efforts and leave the primary targets of those crimes — women and girls — behind. This is an important step forward to address that gap and Canada and the Netherlands should be applauded for this move.”

NEW YORK — Myanmar will submit its first report to the International Court of Justice (ICJ) on its compliance with an order to prevent and not commit genocide against the Rohingya this Saturday. The reporting obligations are one of the “provisional measures” issued by the ICJ in January. Myanmar is required to report to the ICJ on “all measures taken to give effect” to the Order, including to prevent genocidal acts, ensure its military and police forces do not commit genocidal acts, and preserve all potential evidence of genocidal acts. The first report must be submitted by May 23, 2020, four months after the provisional measures order, while subsequent reports will be due every six months. The ICJ does not require the report be made public. “The reporting requirement was a critical component of the ICJ’s historic order to protect the Rohingya from genocide. Having specifically recognized that the Rohingya remain extremely vulnerable, the periodic reports will allow the Court to monitor Myanmar’s actions related to the Rohingya in real time as the case proceeds,” said Akila Radhakrishnan, president of the Global Justice Center. “Unfortunately, the response since then from Myanmar’s government has been deeply flawed at worst, and superficial at best.” On April 8, Myanmar issued “presidential directives” to all government officials, requesting they ensure acts prohibited by Article II of the Genocide Convention are not committed — and that evidence of those acts are not destroyed. A later directive asked officials to denounce and prevent hate speech. The directives — which represent the only substantive response from Myanmar since the January ICJ order — include no clear guidelines for implementation and monitoring, and do not touch on the key issues of structural discrimination that need to be addressed in order to meaningfully give effect to the order. Deeper analysis of Myanmar’s actions since the ICJ order can be found in our Q&A. “Myanmar’s Generals ordered the atrocities, bulldozed and buried evidence of their crimes, and are the reason why Aung San Suu Kyi’s name will now forever be associated with genocide and injustice,” said Dr. Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect. “Until Myanmar’s discriminatory laws are abolished and the perpetrators of the genocide are held accountable, the threat of further atrocities remains.”

THE HAGUE — The International Court of Justice today ordered Myanmar to take immediate action to prevent genocide. The “provisional measures” require Myanmar to prevent genocidal acts, ensure military and police forces do not commit genocidal acts, preserve all evidence of genocidal acts, and report on compliance with these provisional measures. The measures are also automatically sent to the UN Security Council. “Today’s order is a massive step towards justice for the Rohingya that underlines the importance of the global rule of law,” said Akila Radhakrishnan, president of the Global Justice Center. “Hundreds of thousands of Rohingya are still under the threat of genocide. Over a million languish in refugee camps far from home. These measures recognize the tremendous urgency of the situation for survivors of sexual violence and other genocidal crimes. It’s now time for the international community, including the Security Council, to act to ensure compliance.” In its request for provisional measures, The Gambia cited the findings of the United Nations Independent International Fact-Finding Mission on Myanmar, which reported in September that the Rohingya remaining inside Myanmar “live under the threat of genocide.” Countries on the UN Security Council are obligated to prevent and punish the crime of genocide under the Genocide Convention. “This is the first step on a path to justice for the Rohingya. I hope that all members of the UN Security Council will uphold their moral and political obligation to ensure that the provisional measures ordered by the Court are fully implemented,” said Dr. Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect. “Those responsible for genocide are still in power in Myanmar. Justice has been delayed but can no longer be denied.”

THE HAGUE – Myanmar State Counsellor Aung San Suu Kyi delivered opening arguments today at the International Court of Justice in the genocide case against Myanmar filed by The Gambia. Suu Kyi and Myanmar are responding to The Gambia’s request for provisional measures, which would impose immediately binding obligations on Myanmar. For more on these measures, please see our Q&A. Global Justice Center President Akila Radhakrishnan issued the following statement: “Aung San Suu Kyi’s picture of an internal military conflict with no genocidal intent against the Rohingya is completely false. Multiple independent agencies and experts, as well as Rohingya themselves, have documented mass killings, widespread rape, and wholesale destruction of land and property intentionally inflicted on innocent civilians. The government has discriminated against the Rohingya for decades. This is genocide and it’s precisely what the Genocide Convention set out to prevent.”