ICJ’s fresh hearings into Rohingya case bring fresh hope

The Daily Star
Wednesday, February 23, 2022

The world must come together for the Rohingya cause

File photo of a court proceeding in a case filed by the Gambia against Myanmar over allegations of genocide against the Rohingya at the International Court of Justice (ICJ) in Netherlands, on January 23, 2020. Photo: Reuters/Eva Plevier

We welcome the International Court of Justice's initiative to start a fresh round of hearings into the Rohingya genocide case filed by the Gambia over two years ago. The hearings will be held in two rounds starting from today. The Gambia, on behalf of the Organisation of Islamic Cooperation (OIC), filed the case in November 2019 with an aim to bring Myanmar to account for its genocidal actions against the Rohingya. The court, after holding a preliminary hearing, found the claims to be substantial and ordered Myanmar to take provisional measures to prevent further acts of genocide in the Rakhine State. Two years have passed since then, but Myanmar has not taken any such measures yet. It has not taken any initiative to grant citizenship or ensure other basic rights of the Rohingya.

According to Fortify Rights, in October 2016 and in August and September 2017, the Myanmar military deployed more than 11,000 soldiers who, along with police and civilian perpetrators, systematically massacred Rohingya men, women and children, raped Rohingya women and razed several hundred villages in all three townships of northern Rakhine. In August and September 2017 alone, some 750,000 Rohingyas fled to Bangladesh and joined some 300,000 others who had fled waves of violence since the 1980s in Rakhine. The UN Independent Fact-Finding Mission also made a confidential list of more than 100 individuals suspected of being involved in genocide, crimes against humanity, and war crimes. However, the UN Security Council failed to take any actions against Myanmar.

Against this backdrop, the case filed by the Gambia was seen as a big achievement. But the proceedings could not get momentum due to various reasons. The Suu Kyi-led government in Myanmar had raised objections early last year over the eligibility of the Gambia in filing the case. But later, after the country's military seized power, the National Unity Government led by Suu Kyi withdrew all preliminary objections to the case and accepted the jurisdiction of the ICJ for hearing the allegations. In fact, the NUG is now trying to gain international recognition by cooperating with the ICJ. Reportedly, it has many secret documents proving the military junta's genocidal intent, which can establish the genocide case in the ICJ.

Therefore, the start of fresh hearings into the case gives us hope for justice. According to experts, the Myanmar military is now under serious international pressure, and even the ASEAN is not including it in its meetings. So, we think this is the right time for the international community to work together for the case of Rohingya justice, their citizenship and repatriation.

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