Myanmar is on trial at the International Court of Justice (ICJ), the United Nations' top court, on charges of genocide against the Rohingya. The case follows an assessment by the international community that the large-scale military operation the military carried out against the Rohingya in 2017 amounted to genocide.
According to Bloomberg on the 16th (local time), the Rohingya, who have lived in Rakhine state in western Myanmar, are a Muslim minority and have long been branded as outsiders by nationalist forces. The Myanmar authorities did not recognize them as an official minority, and through a 1982 amendment to the citizenship law, stripped the Rohingya of citizenship. Since then, strict controls have required state permission even for movement, marriage, and childbirth, and access to basic education and health care has been restricted.
This discrimination exploded into violence in 2017. In August of the same year, after the Arakan Rohingya Salvation Army (ARSA) attacked police outposts and other targets, the Myanmar military launched a large-scale crackdown under that pretext. U.N. investigators and international human rights groups concluded that, in the process, the military and security forces committed mass killings, systematic arson, and sexual violence against civilians. Doctors Without Borders estimated that at least 6,700 people were killed in the initial phase of the crackdown, and about 650,000 fled to Bangladesh in just a few months.
The crisis led to an international lawsuit seeking state responsibility. Gambia, representing the Organization of Islamic Cooperation (OIC), filed a case against Myanmar at the ICJ in 2019. Gambia argued that Myanmar violated the Genocide Convention, which mandates the prevention and punishment of genocide. The convention allows any state party, even if not the victim state, to raise issues over violations.
The International Court of Justice began hearings on the merits this month to determine whether Myanmar's military operation constituted genocide. While the trial proceeds, the court has ordered the Myanmar government to implement provisional measures to protect the Rohingya. However, the ICJ lacks enforcement mechanisms to compel compliance with its rulings, so any actual sanctions would move to discussions at the U.N. Security Council.
Meanwhile, proceedings to pursue individual criminal responsibility are underway in parallel. The International Criminal Court, based in The Hague, Netherlands, is investigating the forced deportation and persecution of the Rohingya as crimes against humanity. The International Criminal Court (ICC) prosecutor sought an arrest warrant for Commander-in-Chief Min Aung Hlaing at the end of 2024. However, Myanmar is not a party to the ICC, leaving significant political variables before any custody can be secured.
The Myanmar government flatly denies the allegations. The military and authorities said the "operation was a lawful counterterrorism military action" and that there was "no genocidal intent." Former State Counselor Aung San Suu Kyi also argued, "There may have been some past war crimes, but this cannot be considered genocide."
The international response has also affected Myanmar's diplomatic and economic environment. The United States and the European Union imposed sanctions on the military leadership, and foreign direct investment has plummeted since 2017. About 1 million Rohingya are still living in refugee camps in Bangladesh, and those remaining in Rakhine state are likewise exposed to forced confinement and severe human rights abuses.