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."
