The International Court of Justice (ICJ) is preparing to deliver a landmark judgment in the case brought by The Gambia against Myanmar over the alleged genocide of the Rohingya people. The ruling, expected in the coming weeks, could establish Myanmar’s state responsibility under the 1948 Genocide Convention.

Background to the case

The Gambia filed its application in 2019, accusing Myanmar of systematic violence against the Rohingya between 2016 and 2017. UN investigators documented mass killings, sexual assaults, torture and the destruction of villages, forcing more than a million Rohingya to flee, mostly to Bangladesh. In 2022, the ICJ confirmed that any state party to the convention can bring such a case, rejecting Myanmar’s attempt to block proceedings.

What the judges must decide

The court is weighing whether Myanmar’s actions meet the legal definition of genocide, which requires proof of intent to destroy a group in whole or in part. Myanmar insists its operations were counter‑terrorism measures, complicating the prosecution’s task of showing intent. The ICJ will not rule on individual criminal responsibility—that lies with the International Criminal Court—but on whether Myanmar breached its treaty obligations.

Possible consequences

If the ICJ finds in favour of The Gambia, Myanmar could be ordered to halt violations, preserve evidence, investigate perpetrators and provide reparations. Yet enforcement remains uncertain: the ICJ has no mechanism to compel compliance, relying instead on states’ willingness to respect its rulings.

Why it matters

For the 1.2 million Rohingya refugees still confined to camps in Bangladesh, a genocide ruling would be a powerful recognition of their suffering. It could strengthen calls for Myanmar to restore citizenship rights stripped in 1982 and pave the way for eventual return to their homeland.

The case underscores the gravity of Myanmar’s campaign against the Rohingya and the international community’s struggle to hold governments accountable for atrocity crimes. Whatever the outcome, the ICJ’s decision will mark a pivotal moment in the long fight for justice.

-2026-09-28