Vital Hearings Unfold in Rohingya Genocide Case

Rohingya genocide accountability efforts have entered a pivotal phase as the International Court of Justice prepares to begin hearings on the merits of Gambia’s case against Myanmar on January 12, 2026 .

Civil society organizations, including the Burmese Rohingya Organisation UK, Global Justice Center, Human Rights Watch, Refugee Women for Peace and Justice, and Women’s Peace Network, have publicly expressed support, stressing the urgent need for justice for Rohingya victims.

Proceedings focus on determining Myanmar’s responsibility under the Convention on the Prevention and Punishment of the Crime of Genocide, marking a rare and significant moment in international law where state accountability for genocide is directly examined by the ICJ .

Background Of The Rohingya Case

Violent operations carried out by Myanmar security forces in August 2017 forced more than 700,000 Rohingya to flee to Bangladesh, according to United Nations findings . Widespread abuses included mass killings, sexual violence, and the systematic burning of villages in northern Rakhine State, actions documented by Human Rights Watch and UN investigators.

Gambia filed its case at the ICJ in November 2019, alleging that Myanmar breached its obligations under the Genocide Convention. The case targets state responsibility rather than individual criminal liability, aiming to establish whether Myanmar as a state committed or failed to prevent genocide .

Provisional Measures And Continued Violations

ICJ unanimously ordered provisional measures in January 2020, requiring Myanmar to prevent genocidal acts, preserve evidence, and ensure military forces refrained from abuses against Rohingya communities . Despite these legally binding orders, human rights organizations continue to document serious violations against Rohingya civilians .

Military coup on February 1, 2021, further worsened conditions, dismantling civilian governance and intensifying armed conflict across the country, including renewed violence in Rakhine State . Rohingya civilians have since been caught between junta forces and the Arakan Army, facing killings, forced displacement, and destruction of property .

Legal Challenges And International Support

Myanmar’s former civilian government challenged the ICJ’s jurisdiction and Gambia’s standing in early 2021. Judges rejected these objections in July 2022, allowing the case to move forward to the merits stage .

For a genocide finding, the court must determine the existence of intent to destroy, in whole or in part, a protected group. Multiple states have intervened in support of Gambia, with reports indicating backing for arguments related to genocidal intent and obligations to prevent genocide .

Targeted sexual and reproductive violence against Rohingya women and girls has been highlighted as a central component of genocidal intent, according to research by the Global Justice Center .

The International Criminal Court opened an investigation in 2019 into crimes against humanity linked to the forced deportation of Rohingya into Bangladesh, asserting jurisdiction despite Myanmar not being an ICC member .

In November 2024, the ICC prosecutor sought an arrest warrant for Min Aung Hlaing for crimes against humanity .

Universal jurisdiction cases have also emerged. A criminal complaint filed in Argentina in 2019 led to arrest warrants for 25 Myanmar officials in February 2025.

Why This Case Matters Globally

Gambia’s action represents the first time a state with no direct link to alleged atrocities invoked the Genocide Convention to hold another state accountable, reinforcing the principle that genocide prevention is a shared international responsibility . Similar legal reasoning now underpins other genocide related cases before the ICJ, underscoring the court’s growing role in global accountability.

Justice advocates argue that outcomes from this case could shape future enforcement of international human rights law and deter mass atrocities worldwide .