Today the hearing of The Gambia v Myanmar commences before the International Court of Justice in The Hague. The case concerns the Application of the Convention on the Prevention and Punishment of the Crime of Genocide.
In this historic case, The Gambia asks the Court to find that Myanmar committed genocide against its Rohingya Muslim population. The Gambia argues that Myanmar committed acts of genocide, with genocidal intent, against the Rohingya Muslim population during its so-called “clearance operations” in 2016 and 2017. The “clearance operations” were carried out by the Tatmadaw, Myanmar’s army, across numerous Rohingya villages in northern Rakhine State.
Tens of thousands of Rohingya – men, women and children – were killed in these operations, which were also characterised by widespread sexual violence against women and girls, the burning of homes, and the total or partial destruction of more than 180 Rohingya villages.
The Gambia argues that the only reasonable inference that can be drawn from the evidence, notably the reports of the UN Fact-Finding Mission and the UN’s Independent International Mechanism for Myanmar, is that there was an intent by Myanmar to destroy the Rohingya Muslims as a group, in whole or in part, which is the legal standard for genocide.
Paul Reichler, Professor Philippe Sands KC, Ruth Kennedy and Aliya Al-Yassin act for The Gambia. Prof. Christian J. Tams is advising Germany as an intervening state.
