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For Rohingya survivors of Myanmar’s military crackdowns, a landmark genocide case opening at the International Court of Justice (ICJ) has raised hopes that justice may finally be within reach.
Monaira*, who fled Myanmar in 2017 during the military’s so-called “clearance operations,” says the case has given her renewed hope that the international community is finally listening. She recalls how her brother was abducted by soldiers, shot dead, and his home burned. She also described witnessing children being thrown into fires and said she was raped by military personnel.
Monaira is among hundreds of thousands of Rohingya who were forced to flee to Bangladesh after military operations in 2016 and 2017 displaced more than 700,000 people. She travelled from the Cox’s Bazar refugee camp to The Hague to attend the hearings, saying simply: “We demand justice.”
The case, brought by the Gambia, accuses Myanmar’s military of carrying out systematic attacks against the Rohingya minority, including mass killings, sexual violence, and the destruction of villages, with the intention of destroying the group in whole or in part. The Gambia will present its arguments from Monday to Thursday, while Myanmar is scheduled to respond between 16 and 20 January. The proceedings are set to conclude on 29 January.
Myanmar has rejected the genocide allegations. In a rare move for the ICJ, survivors are expected to give testimony during the hearings. The case marks the most significant genocide proceedings heard by the court in more than a decade and could influence how future genocide claims are evaluated, including South Africa’s case against Israel.
Tun Khin, president of the Burmese Rohingya Organisation UK, described the hearings as the first time Myanmar’s military has been forced to defend itself before an international court, calling it a critical step toward accountability after decades of alleged abuses.
In 2020, the ICJ ordered Myanmar to take emergency measures to prevent further genocidal acts and to preserve evidence, but human rights groups say violations have continued. Human Rights Watch researcher Shayna Bauchner said the military’s longstanding pattern of abuse and impunity must end, starting with compliance with the court’s orders.
The ICJ case will not determine individual criminal responsibility but will assess whether Myanmar violated its obligations under the Genocide Convention. Separately, the International Criminal Court has been investigating alleged crimes against the Rohingya, and in 2024 its prosecutor sought an arrest warrant for Myanmar’s military chief, Min Aung Hlaing, on charges of crimes against humanity.
Legal experts say the case could shape future interpretations of genocide, particularly whether intent can be established through patterns of violence, displacement, and inflammatory rhetoric rather than direct orders.
Antonia Mulvey, founder of Legal Action Worldwide, said the case comes at a crucial moment for international justice, adding that even if the court’s rulings are not immediately enforced, they would remain legally binding and significant. She noted that a judgment could be delivered within six to 12 months and would provide long-overdue recognition of the suffering endured by the Rohingya people.
