International Court of Justice formally launches genocide proceedings over Myanmar’s treatment of the Rohingya (original) (raw)

A major milestone occurred with the opening of hearings by the International Court of Justice (ICJ), regarding the allegations of genocide made by Myanmar toward the Rohingya minority as a result of its treatment of them. The case was initiated by The Gambia through sponsorship under the 1948 Genocide Convention. It is the first genocide case in over a decade to be brought before the ICJ for a full hearing; the hearings are expected to take place over a three-week period.

Tatmadaw’s violent “clearance operation” against Muslims

In late August 2017, Myanmar’s armed forces – known as the Tatmadaw — initiated a violent “clearance operation” in Rakhine State against the Rohingya, an almost entirely Muslim ethnic minority. Based upon findings from U.N. fact-finding missions and testimony from refugees who fled Rakhine State to neighboring Bangladesh, the “clearance operation” included mass killings, rape, and widespread arson. At least 730,000 Rohingya escaped to neighboring Bangladesh and recounted a pattern of violence and destruction.

Myanmar breached multiple articles of the Genocide Convention

Gambia, a small West African country, filed the case with the ICJ in 2019, alleging Myanmar had breached multiple articles of the Genocide Convention. Prior to the commencement of full hearings, the ICJ issued provisional measures in December 2019 requiring Myanmar to cease committing any further genocidal acts and preserve any evidence relevant to such acts.

Myanmar has consistently denied these allegations. Authorities in Myanmar have framed the 2017 campaign as legitimate counter-terrorist operations in response to attacks carried out by insurgent groups in Rakhine State by the Rohingya, rather than as genocide. In preliminary hearings in 2019, former leader Aung San Suu Kyi described the accusations as “inadequate and misleading,” and dismissed them as a biased representation of the concerns surrounding security.

An important case for international law

This case is important not just for Myanmar and the Rohingya, but also for international law generally. Legal scholars and U.N. officials like Nicholas Koumjian, the chief of the U.N.’s Independent Investigative Mechanism for Myanmar say the case could establish a precedent for how genocide is defined and proven under international law.

The ruling may also provide a precedent for other cases that are currently underway and/or in the future.

For those living in refugee camps in Cox’s Bazar, Bangladesh — many of whom have lived in refugee camps since fleeing their homes in 2017 — hope and patience exist side-by-side. Some of the Rohingya see the ICJ as a means to achieve some form of justice and recognition. Tawfiq Al-Mohsin, who spoke on behalf of the community, said:

“We truly believe that the ICJ hearing provides people with new hope…and can finally bring an end to the suffering of the Rohingya people and also lead to real justice, accountability and protection.”

The community’s desire for justice and peace

Janifa Begum — a refugee from the region — recalled the atrocities she witnessed in 2017:

“Our women lost their dignity…they burned our villages, killed our men, and our women were victims of wide-scale violence.”

Although ICJ decisions are legally binding, the ICJ does not have an independent enforcement mechanism. It is up to the UN Security Council and member countries to enforce any decisions made by the ICJ. However, international lawyers believe that if the ICJ finds that Myanmar committed genocide, it would represent a turning point for international law.

The ruling will reinforce global norms and apply additional pressure to the military government of Myanmar. The hearings are expected to conclude in early February, and then the ICJ will deliberate prior to making a final decision. For the survivors of the atrocities suffered by the Rohingya, this historic trial represents an opportunity for them to tell their story to the world and obtain official recognition and accountability for what happened to them.