UN’s top court to hold Myanmar genocide hearings in January, Rohingya witnesses to testify

The International Court of Justice (ICJ), the United Nations’ top court, will begin public hearings in January in a landmark case accusing Myanmar of committing genocide against its Rohingya Muslim minority, with survivors set to testify in closed-door sessions.

The hearings, scheduled to start on January 12, mark the first time in more than a decade that the ICJ will examine a genocide case on its merits. Legal experts say the proceedings could also have wider implications, including for South Africa’s genocide case against Israel over the Gaza war.

During the first phase of hearings, The Gambia, which filed the case in 2019 with backing from the Organisation for Islamic Cooperation (OIC), will present its arguments from January 12 to 15. Myanmar, which has consistently denied committing genocide, will respond between January 16 and 20.

In an unusual move, the ICJ has set aside three days for witness testimony, including members of the Rohingya community. These hearings will be held behind closed doors, away from the public and media.

“The hearings will be devoted to the merits of the case and will include the examination of witnesses and an expert called by the parties,” the ICJ said in a statement.

The case centres on Myanmar’s 2017 military crackdown in Rakhine State, during which more than 742,000 Rohingya fled to neighbouring Bangladesh amid widespread reports of killings, sexual violence, and villages being burned. In 2020, the ICJ ordered Myanmar to take all measures within its power to prevent acts of genocide.

Speaking at a UN General Assembly meeting in September, The Gambia’s Justice Minister Dawda Jallow said his country hopes for a judgment “soon after” the January hearings. “The Gambia will present its case as to why Myanmar is responsible for the Rohingya genocide and must make reparations to its victims,” he said.

Rights activists say the case has gained strength as more countries intervene in support of The Gambia. Wai Wai Nu, executive director of the Women’s Peace Network–Myanmar, said international backing could help curb ongoing violence against Rohingya in Rakhine State, even before a final verdict.

Before 2017, around one million Rohingya lived in Myanmar. Today, more than a million refugees remain in overcrowded camps in Cox’s Bazar, Bangladesh, facing poverty, insecurity, and limited prospects, while others have risked dangerous sea journeys in search of safety elsewhere.