Myanmar begins defence in landmark genocide case at UN World Court

This article is published in association with United Nations.

Myanmar on Friday rejected allegations of genocide against the Rohingya minority, telling the International Court of Justice (ICJ) that the Gambia’s case rests on “unsubstantiated allegations,” as public hearings continued in a landmark case on the application of the Genocide Convention.

Addressing judges in The Hague, Ko Ko Hlaing, speaking as Myanmar’s agent, said his country fully recognizes the importance of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide but firmly denies breaching its obligations under international law.

“A finding of genocide would place an indelible stain on my country and its people,” he said, describing the proceedings as “of fundamental importance for my country’s reputation and future.”

Mr. Hlaing accused the applicant of relying on what he called rudimentary and partisan, including reports by a fact-finding mission, “which are neither reliable nor objective, and were a condemnation without trial of Myanmar.”

UN Photo/ICJ-CIJ/ Frank van Beek

Ko Ko Hlaing, Agent of Myanmar, addresses judges at the International Court of Justice (ICJ) in The Hague.

Myanmar acted against terrorists

Myanmar also rejected claims that its military’s so-called “clearance operations” in northern Rakhine state in 2016 and 2017 were genocidal in intent, maintaining they were counter-terrorism operations launched in response to attacks by the armed groups.

“Obviously, Myanmar was not obliged to remain idle and allow terrorists to have free rein of northern Rakhine state,” Mr. Hlaing told the Court, while acknowledging that civilians were killed and large numbers of people fled to Bangladesh as a result of the clashes.

He further disputed allegations that Myanmar denies the existence or rights of the Muslim population in northern Rakhine state, arguing that questions of citizenship, terminology and identity “have nothing to do with genocide.”

Myanmar said it has complied with all procedural orders of the Court, including provisional measures issued in January 2020, and has submitted regular reports on steps taken.

It also reiterated its stated commitment to the repatriation of displaced people from Bangladesh, citing bilateral agreements and delays caused by the COVID-19 pandemic and natural disasters.

The case before the ICJ

The case stems from an application filed by Gambia in November 2019, accusing Myanmar of violating the Genocide Convention through acts allegedly committed during military operations in Rakhine state.

Those operations escalated in 2017, forcing more than 700,000 Rohingya to flee to Bangladesh amid widespread killings, sexual violence and village burnings, according to UN investigations. Nearly one million Rohingya remain refugees in Bangladesh.

The hearings, which will continue through late January, mark the first time the Court is examining the merits of the case. The Court’s final judgment, which could take months after the hearings conclude, will be legally binding.