The Rohingya case that could redefine the law on genocide

In September 2017, the United Nations fact-finding mission interviewed women and children who had fled from Myanmar’s Rakhine State to Bangladesh after a series of violent clashes. Among the interviewees was Antonia Mulvey, who was present at the border and heard firsthand accounts of horrific experiences, such as sexual violence and crimes against children.

This case, which has now reached the International Court of Justice (ICJ), could potentially redefine the legal understanding of genocide. The Rohingya, a Muslim minority in Myanmar, have faced decades of persecution, including being stripped of their citizenship under the 1982 Citizenship Law. The 2017 clashes between the Rohingya and Myanmar’s military resulted in the displacement of over 700,000 people, who sought refuge in Bangladesh.

The Gambia, which has no direct connection to the violence, filed a case before the ICJ in 2019, relying on the principle that all states have a common interest in upholding the Genocide Convention. Over three weeks of hearings in January of this year, the court heard testimonies from three Rohingya witnesses, who detailed the atrocities they endured and their quest for justice, which primarily includes the recognition of their citizenship and the restoration of their land and property.