Myanmar on Trial for Rohingya Genocide at UN Court

Myanmar on Trial for Rohingya Genocide at UN Court
Reuters

The United Nations’ top court has begun hearings on whether Myanmar committed genocide against the Rohingya ethnic minority.

West African nation The Gambia filed the case at the International Court of Justice (ICJ) in 2019, claiming that Myanmar’s military “clearance operations” in 2017 violated the 1948 Genocide Convention.

The hearings began on Monday in The Hague, with Myanmar, now under military rule, denying all allegations.

In his opening statement, Gambian Justice Minister Dawda Jallow said his country had taken the case out of a “sense of responsibility” based on its own experience with military rule. “Wherever and whenever oppression or crimes against individuals and groups occur, we must raise our moral voice in condemnation,” he told a packed courtroom.

The 2017 ‘Clearance Operation’

Myanmar launched military operations in Rakhine State following attacks by a Rohingya insurgent group. Security forces have been accused of mass killings, rape, and burning thousands of homes, prompting over 700,000 Rohingya to flee to neighbouring Bangladesh.

Today, around 1.2 million Rohingya live in overcrowded camps, where armed groups recruit children, and girls as young as 12 are forced into prostitution.

Humanitarian Crisis

Severe cuts to foreign aid under former US President Donald Trump last year led to the closure of thousands of camp schools, leaving some children to starve. “We don’t have anything that human beings should have,” said Yousuf Ali, who travelled from a refugee camp in Bangladesh to attend the hearings in the Netherlands.

Aung San Suu Kyi at the Court

Myanmar was initially represented by Nobel Peace Prize laureate Aung San Suu Kyi, who denied that the country’s armed forces committed genocide. In 2019, she described the mass exodus of Rohingya as the “unfortunate outcome” of fighting insurgents. Suu Kyi is now in prison following a military coup in 2021.

Myanmar contested the court’s jurisdiction, arguing that The Gambia was not directly involved in the conflict. Judges rejected this in 2022, allowing the case to proceed.

Global Implications

The ruling opened the door for South Africa to file a case accusing Israel of genocide against Palestinians in Gaza. Experts say the ICJ’s decision on Myanmar could also influence other international proceedings, including the International Criminal Court in The Hague, where the chief prosecutor in 2024 requested an arrest warrant for Myanmar’s military chief Min Aung Hlaing.

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