The International Court of Justice (ICJ) announced it would deliver its ruling on January 23, 2020, regarding The Gambia’s request for emergency measures against Myanmar for alleged genocide against the Rohingya Muslims.
The decision follows a December 2019 hearing where Myanmar’s civilian leader, Aung San Suu Kyi, defended her country’s actions during the 2017 military crackdown.
The Gambia’s Case
The Gambia, a predominantly Muslim African nation, filed the case at the ICJ, accusing Myanmar of violating the 1948 UN Genocide Convention.
Supported by the Organization of Islamic Cooperation, Canada, and the Netherlands, The Gambia cited the 2017 violence that drove over 740,000 Rohingya into Bangladesh, fleeing widespread rape, arson, and mass killings.
The Gambia urged the ICJ to impose “provisional measures” to prevent further atrocities and preserve evidence.
Aung San Suu Kyi’s Defense
In December 2019, Suu Kyi, a Nobel Peace Prize laureate, appeared at The Hague to argue that Myanmar’s military response was proportionate and that The Gambia’s claims were “incomplete and misleading.”
She admitted possible excessive force but rejected genocide allegations, warning the case could inflame tensions.
Her defense, while criticized globally, resonated with many in Buddhist-majority Myanmar, where the Rohingya face widespread prejudice.
Rohingya Crisis Background
Approximately 600,000 Rohingya remain in Myanmar’s Rakhine state, living in what Amnesty International calls “apartheid-like” conditions.
UN investigators have labeled the 2017 military actions as genocide.
Myanmar insists its internal investigations will address any violations, but critics dismiss these efforts as ineffective and biased.
Legal Challenges Ahead
The ICJ’s ruling on provisional measures, set for 10:00 AM (0900 GMT) on January 23, 2020, is a preliminary step in a case likely to span years. Enforcing any measures could prove challenging.
Myanmar also faces a separate International Criminal Court probe and a lawsuit in Argentina alleging Suu Kyi’s complicity in the Rohingya crisis.
Historical Context
The ICJ has rarely ruled on genocide, with the 1995 Srebrenica massacre in Bosnia being a notable precedent.
The Gambia’s case marks a significant effort to hold Myanmar accountable internationally, spotlighting the ongoing plight of the Rohingya and testing the global community’s commitment to justice.
