ICJ: Rohingya targeted for destruction

"It is not about esoteric issues of international law. It is about real people, real stories and a real group of human beings. The Rohingya of Myanmar. They have been targeted for destruction," Jallow said.

The Gambia brought the case, accusing Myanmar of breaching the 1948 Genocide Convention during a 2017 crackdown. Legal experts are closely watching, as the proceedings could influence how the ICJ handles similar accusations against Israel in a case brought by South Africa.

Accounts of mass violence

Hundreds of thousands of Rohingya Muslims fled Myanmar, escaping violence by the military and Buddhist militias. Survivors reported mass rape, arson, and murder.

"They were subjected to the most horrific violence and destruction one could imagine," Jallow said. Paul Reichler, representing The Gambia, cited witness testimonies including gang rapes, sexual mutilation, and infants being burned alive.

Today, 1.17 million Rohingya live in overcrowded camps across 8,000 acres in Cox’s Bazar, Bangladesh. Mother-of-two Janifa Begum said, "We want justice and peace. I want to see whether the suffering we endured is reflected during the hearing."

Legal background

The Gambia, a Muslim-majority country in West Africa, filed the case in 2019. Under the Genocide Convention, any country can bring a case against another it believes violated the treaty.

In 2019, Nobel Peace laureate Aung San Suu Kyi personally defended Myanmar, calling the claims "misleading" and framing the crisis as an internal armed conflict. Myanmar maintains its military actions targeted Rohingya insurgents after attacks on security personnel. Suu Kyi, detained since a 2021 coup, will not appear at current hearings.

ICJ measures and international recognition

In 2020, the ICJ ordered Myanmar to take "all measures within its power" to halt acts prohibited under the Genocide Convention, including killing members of the Rohingya community or inflicting conditions calculated to bring about their destruction.

The United States declared the violence as genocide in 2022, following a UN report confirming genocidal intent by Myanmar against the Rohingya. The ICJ hearings will conclude on January 29.

"When the court considers... all of the evidence taken together, the only reasonable conclusion is that a genocidal intent permeated Myanmar's state-led actions," said Philippe Sands, representing The Gambia.

Global pursuit of justice

The ICJ is not the only forum examining possible genocide against the Rohingya. Cases are ongoing at the International Criminal Court and in Argentina under universal jurisdiction.

Outside the courtroom, Tun Khin, president of the Burmese Rohingya Organisation UK, said, "What's happening to the Rohingya is genocide, intentionally destroying our community. We want justice, the right to return to our homeland, and compensation."