The International Court of Justice (ICJ) made history on January 12, 2020, when it opened hearings for a case brought by the Republic of The Gambia against Myanmar. The case alleges that Myanmar’s military carried out brutal acts of genocide against the Rohingya minority during its 2017 crackdown. This long-awaited move by the ICJ has been described by the United Nations (UN) as a case “years in the making.”
For those who may not be familiar, the Rohingya are a Muslim minority group living in the Rakhine state in Myanmar. They have been subjected to persecution and discrimination for decades, but the 2017 crackdown by the Myanmar military was particularly horrific. Reports indicate that thousands were killed, villages were burned to the ground, and women and children were subjected to unspeakable acts of violence. This forced over 730,000 Rohingya to flee their homes and seek refuge in neighboring countries, making it one of the largest refugee crises in recent history.
The Gambia filed the case against Myanmar, citing violations of the 1948 Genocide Convention. This convention, adopted by the UN General Assembly, defines genocide as “acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.” The Gambia is being represented by a team of renowned lawyers and human rights experts, led by Sir Jeffrey Jowell QC, while Myanmar is being represented by a team of lawyers headed by State Counsellor Aung San Suu Kyi.
The opening of the hearings at the ICJ was met with great anticipation and hope by the Rohingya community and human rights advocates worldwide. It is seen as a significant step towards justice and accountability for the atrocities committed against the Rohingya minority. This historic case has also brought a glimmer of hope to the Rohingya refugees who have been living in dire conditions in overcrowded camps, unsure of their future.
The opening day of the hearings was marked by emotional testimonies from Rohingya witnesses and survivors. They shared their heartbreaking stories of loss, trauma, and pain, providing a glimpse into the horrors they have endured. This is a powerful reminder of the human toll of genocide and the urgent need for justice.
The hearings are expected to last several days, with each party presenting their arguments and evidence before the ICJ. This will be a complex and intricate process, but one that is crucial in bringing justice and accountability to the victims of genocide. It is also a significant moment for the ICJ, as this is the first time the court will be hearing a genocide case since its establishment in 1945.
The significance of this case extends beyond the borders of Myanmar. It is a reminder to all nations that the international community will not turn a blind eye to grave human rights violations and that perpetrators will be held accountable for their actions. It is also a call to action for the international community to do more to protect vulnerable minority groups and prevent such atrocities from happening in the future.
While the case is being heard before the ICJ, it is ultimately up to the court to decide on the matter. However, regardless of the outcome, this case has already sparked important discussions and created a platform for the voices of the Rohingya to be heard. It has also brought much-needed attention to the ongoing human rights crisis in Myanmar and the urgent need for action.
As the hearings continue, it is essential that we continue to stand in solidarity with the Rohingya and show our support for their pursuit of justice. The international community must also continue to put pressure on Myanmar to take responsibility for its actions and address the root causes of the persecution of the Rohingya.
The opening of the hearings at the ICJ is a momentous occasion in the fight against genocide and for the protection of human rights. It is a reminder that no one is above the law, and justice must prevail for the sake of those who have suffered and for the prevention of future atrocities. Let us hope that this case will bring some relief and a sense of justice to the Rohingya community and pave the way for a more peaceful and inclusive future for all in Myanmar.
