THE HAGUE — The Great Hall of Justice at the Peace Palace fell into a somber silence this week as the International Court of Justice (ICJ) commenced formal hearings into the alleged genocide of the Rohingya population in Myanmar. These proceedings mark a definitive chapter in one of the century’s most documented humanitarian crises, as the United Nations’ highest court weighs evidence of systematic atrocities committed during the 2017 military-led “clearing operations” in Rakhine State.
Geopolitics: The Burden of Proof and Sovereign Defense
The case, originally brought forward by The Gambia with the formal intervention of several Western nations including Germany, France, and Canada, seeks to hold the state of Myanmar accountable under the 1948 Genocide Convention. Unlike previous preliminary stages, the current hearings focus on the “merits” of the case—the specific factual evidence of mass killings, displacement, and sexual violence.
Myanmar’s legal team, now representing the post-2021 military administration, continues to maintain that the operations were a legitimate counter-insurgency response to local militant attacks. However, the presence of high-level delegations from the Organization of Islamic Cooperation (OIC) underscores the global diplomatic pressure on the court to issue a binding ruling that could redefine international law regarding state-sponsored violence.
Human Rights: Testimonies of the Displaced
The hearings have brought renewed focus to the plight of the nearly one million Rohingya refugees living in overcrowded camps in Cox’s Bazar, Bangladesh. Legal observers emphasize that this trial is not merely a diplomatic exercise but a quest for “biographical justice” for the survivors.
- Systematic Destitution: Evidence presented includes satellite imagery of hundreds of scorched villages and forensic reports detailing the “intent to destroy” a protected ethnic group.
- The Gendered Dimension: Human rights monitors have submitted extensive documentation of sexual violence used as a strategic tool of war, a key component of the genocide charge.
- Statelessness: The court is also examining the 1982 Citizenship Law, which stripped the Rohingya of their rights, as the “structural foundation” that enabled the subsequent violence.
Security: Regional Stability and the Shadow of Civil War
The proceedings are taking place against the backdrop of a widening civil war within Myanmar. The Arakan Army, an ethnic armed group currently controlling large swaths of Rakhine State, has complicated the legal landscape by offering to provide its own evidence against the central military command.
International security analysts warn that while the ICJ process is a victory for accountability, it faces significant enforcement hurdles. Without a permanent UN enforcement mechanism, the court relies on the UN Security Council to implement its rulings—a body that remains deeply divided by veto-wielding powers with competing interests in Southeast Asian stability.
Business & Economy: The Cost of Isolation
The trial is casting a long shadow over Myanmar’s struggling economy. Foreign investors, already wary since the 2021 coup, are closely monitoring the Hague proceedings. A formal finding of genocide would likely trigger:
- Secondary Sanctions: Increased pressure on global firms to sever remaining ties with military-linked conglomerates like MEHL and MEC.
- Reputational Risk: A shift in ESG (Environmental, Social, and Governance) standards that could effectively blackball Myanmar from international capital markets for a generation.
- Trade Barriers: The potential removal of “Everything But Arms” (EBA) trade preferences by the European Union, further isolating the nation’s manufacturing sector.
International Court of Justice, Peace Palace,The Hague, Netherlands Flickr Picture by Victor R. Ruiz
