The Gambia vs Myanmar: Key Developments in Historic ICJ Genocide Case

Recent Developments in the Landmark Case

The International Court of Justice (ICJ) has recently made significant progress in The Gambia v. Myanmar case, with new interventions from the Democratic Republic of Congo, Belgium, and Ireland. These interventions were filed in December 2024, and the ICJ officially decided on their admissibility on July 29, 2025.

Background of the Case

The case, formally known as ‘The Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)’, was initiated by The Gambia on behalf of 57 members of the Organisation of Islamic Cooperation.

At the heart of the case lies the persecution of the Rohingya people, a Muslim Indo-Aryan ethnic minority in Buddhist-majority Myanmar. The application alleged that Myanmar committed mass murder, rape, and destruction of communities against the Rohingya group in Rakhine state since October 2016, violating the Genocide Convention.

Current Status and Court Orders

The ICJ had previously issued an order directing Myanmar to “take all measures within its power” to prevent acts of genocide, including ensuring its military and irregular armed units refrain from such acts. The Court also mandated Myanmar to preserve evidence related to the proceedings and submit regular compliance reports.

In a significant development, the ICJ rejected Myanmar’s preliminary objections to the Court’s jurisdiction in 2022. The Court emphasized the Convention’s central purpose of serving the ‘common interest’ of all signatories in preventing and punishing genocide, affirming The Gambia’s right to initiate proceedings against a fellow signatory.

Recent Procedural Developments

The case has progressed through various procedural stages, with Myanmar filing its latest written submission in December 2024. This followed an order by the ICJ allowing The Gambia to submit its Reply to Myanmar’s arguments by May 16, 2024, and Myanmar to submit its Rejoinder by December 23, 2024.

Significance and International Impact

The case represents a crucial step toward accountability for Myanmar’s military’s documented abuses against the Rohingya and other ethnic minority groups, which span decades. The military’s longstanding impunity since 1962 has been cited as a factor that may have contributed to the February 1, 2021 coup and the establishment of the new military junta.

The ICJ’s approach to this case demonstrates its recognition of the humanitarian and civilizing nature of the Genocide Convention. The Court has explicitly affirmed “the right of all other Contracting Parties to assert the common interest in compliance with the obligations erga omnes partes under the Convention.”