Landmark Genocide Proceedings Scheduled
The International Court of Justice has announced it will conduct public hearings next month regarding accusations that Myanmar committed genocide against its Rohingya population. This represents the first time in over a decade that the UN's principal judicial organ will examine a genocide case based on its substantive merits.
These proceedings are anticipated to establish legal precedents that could influence other international cases, including South Africa's ongoing action against Israel concerning the Gaza conflict.
Hearing Schedule and Case Background
From January 12 to 15, The Gambia will present its arguments before the court. This West African nation, supported by the Organisation for Islamic Cooperation, initiated the legal action in 2019, alleging Myanmar violated the UN genocide convention during military operations against the Rohingya in 2017.
Myanmar, which has consistently denied genocide allegations, will then have the opportunity to present its defense from January 16 to 20.
In a departure from standard procedure, the ICJ has allocated three additional days for witness testimony. These sessions will be conducted privately, closed to both media and the general public.
"The hearings will be devoted to the merits of the case and will include the examination of witnesses and an expert called by the Parties," the court stated in an official announcement.
Historical Context and Current Situation
The case centers on events from 2017 when Myanmar's military and Buddhist militias conducted what has been described as a brutal crackdown against the predominantly Muslim Rohingya ethnic minority. This resulted in over 742,000 people fleeing to neighboring Bangladesh, with numerous reports of widespread violence including killings, sexual assaults, and village destruction.
In 2020, the ICJ issued provisional measures requiring Myanmar to "take all measures within its power" to prevent potential genocide while the case proceeded.
Speaking at a United Nations General Assembly meeting in September, The Gambia's Minister of Justice Dawda Jallow expressed hope for a prompt ruling following the January hearings.
"We filed our case in November 2019, almost six years ago. Now, we are preparing for the oral hearing on the merits in this case, which the court has scheduled for mid-January 2026," Jallow said.
He added: "The Gambia will present its case as to why Myanmar is responsible for the Rohingya genocide and must make reparations to its victims."
International Response and Refugee Crisis
Wai Wai Nu, executive director of the Women's Peace Network-Myanmar, noted in September that the coalition of nations supporting The Gambia's case demonstrates significant international solidarity.
"They could come together and do something to stop ongoing atrocities in Rakhine State," where armed violence against the Rohingya continues, Wai Wai Nu stated, suggesting the UN Security Council could also take independent action without awaiting the ICJ's final decision.
Before the 2017 crisis, approximately one million Rohingya resided in Myanmar, constituting a small minority within the country's 55 million population. Most survivors now live in what has become the world's largest refugee settlement in Cox's Bazar, Bangladesh, where conditions remain extremely challenging.
Bangladesh has repeatedly urged other nations to assist with the substantial burden of hosting this massive refugee population, while many displaced Rohingya continue to face difficult circumstances and dangerous migration attempts.
