Rohingya Survivors Await Historic ICJ Ruling on Myanmar Genocide Allegations
By Stephanie van den Berg
THE HAGUE, Jan 30 (Reuters) – Rohingya survivors of Myanmar's brutal 2017 military campaign voiced cautious expectation on Friday that the International Court of Justice (ICJ) will rule the state committed genocide against their people. The UN's highest court concluded three weeks of hearings this week, with a judgment anticipated within three to six months.
The case, brought by The Gambia in 2019 on behalf of the Organization of Islamic Cooperation, alleges Myanmar violated the 1948 Genocide Convention. A ruling in favor would mark the first time the World Court has found a state responsible for genocide since the convention came into force.
The implications extend far beyond Myanmar. Legal experts note the proceeding sets a precedent for how the Genocide Convention is enforced, potentially influencing other cases before the ICJ, including South Africa's recent filing against Israel concerning Gaza.
In final submissions, Gambian lawyers argued the evidence points unequivocally to Myanmar's intent to destroy the Rohingya as a group. "The only reasonable conclusion is genocide," a lead counsel stated. Myanmar's legal team countered, dismissing a prior UN fact-finding mission as biased and maintaining the 2017 offensive was a "legitimate counterterrorism" operation that drove over 730,000 Rohingya into Bangladesh.
On the sidelines of a survivor conference in The Hague, Yousuf Ali, 52, who recounts being tortured by Myanmar troops, shared his guarded hope. "The world has witnessed our suffering for years—how we were deported, our homes destroyed, our people killed. We pray the court sees the truth." A 2019 UN report detailed acts of mass killing, rape, and arson with "genocidal intent."
Gambia's Justice Minister Dawda Jallow urged the court to reject Myanmar's defense, stating a genocide ruling could help break the "cycle of atrocities and impunity."
Voices & Perspectives:
"This is a watershed moment for international justice," says Dr. Elena Vance, a professor of international law at Leiden University. "A positive finding would not only be symbolic but could unlock avenues for reparations and strengthen the global framework for atrocity prevention."
"The delays are a form of continued torture for my people," says Khadija Begum, a Rohingya activist now based in Cox's Bazar, Bangladesh, her voice sharp with frustration. "We've been waiting for justice since 2017, while the generals remain free. The world's court must act, not just deliberate. Our evidence is written in the graves of our families."
"The legal process, while slow, is essential," observes Michael Chen, a former diplomat and analyst. "A clear legal record from the ICJ isolates the Myanmar junta internationally and creates an undeniable historical account, which is crucial for long-term reconciliation and accountability."
(Reporting by Stephanie van den Berg; Editing by Barbara Lewis)