Hearings have begun at the International Court of Justice in The Hague, marking the start of the merits phase in the landmark case brought by Gambia against Myanmar over alleged violations of the Genocide Convention. After years of preliminary legal arguments, the Court will now examine the substance of the case, with judges scheduled over the coming weeks to hear oral submissions from both sides, assess expert and witness testimony, and determine whether Myanmar failed to meet its obligations to prevent and punish genocide.
Opening the proceedings, the President of the Court outlined a structured timetable that includes multiple rounds of pleadings by Gambia and Myanmar, as well as closed sessions to hear witness evidence. Representing Gambia, its Attorney General told the judges that the case is grounded in extensive and credible reports of extreme abuses committed against the Rohingya population, emphasizing that the proceedings concern real people and alleged crimes of exceptional gravity.
The case traces back to events in Myanmar’s Rakhine State, where military operations in 2017 triggered the mass displacement of more than 700,000 Rohingya to Bangladesh amid reports of killings, sexual violence, and widespread destruction of villages. UN investigations have previously concluded that there were reasonable grounds to believe that genocide and other serious international crimes may have been committed, while nearly one million Rohingya continue to live as refugees in Bangladesh, with many others displaced or confined in Myanmar under harsh conditions.
The Court had already taken interim action in 2020 by ordering provisional measures requiring Myanmar to prevent acts of genocide, preserve evidence, and report on compliance. Although Myanmar challenged the Court’s jurisdiction, judges ruled in 2022 that the case could proceed, with a number of other States submitting legal observations in support of Gambia’s interpretation of the Genocide Convention.
In addressing the Court, Gambia argued that persistent impunity and the lack of accountability for crimes against the Rohingya have contributed to ongoing instability in Myanmar, particularly following the 2021 military coup. Myanmar is expected to present its defense in the coming days, while the Court’s eventual judgment, expected months or longer after the hearings conclude, will be legally binding and focused on determining State responsibility under international law rather than individual criminal liability.
