February 6, 2026
By: Juliana Pronti,
Journal of Global Rights and Organizations, Associate Articles Editor
On November 11, 2019, Gambia instituted proceedings against the Republic of the Union of Myanmar at the International Court of Justice. In these proceedings, Gambia alleged that Myanmar violated the Prevention and Punishment of the Crime of Genocide (The Genocide Convention). Specifically, Gambia alleged that from October 2016, the Myanmar military and other security forces began widespread and systematic “clearance operations” against the Rohingya people. The Rohingya people are a group who have faced decades of discrimination under Myanmar authorities. The Rohingya are a stateless people as they were denied citizenship under the 1982 Citizenship Law. Many Rohingya people fled Myanmar in 2017, to escape the acts of the Myanmar military, to overcrowded camps in Bangladesh. Gambia claims that these “clearance operations” included genocidal acts which were intended to destroy the Rohingya people via mass murder, rape, other forms of sexual violence, and systematic destruction by fire of their villages. Gambia claims that from August 2017 onwards, these genocidal acts continued on a larger more widespread scale. Gambia directs the Court to articles I, III(a), III(b), III(c), III(e), IV, V, and VI of the Genocide Convention alleging that Myanmar’s actions violate these specific articles.

Gambia also requests that the Court require provisional measures be taken under the Genocide Convention to protect the rights of the Rohingya people as well as those in Gambia. These include requiring Myanmar to take all measures to prevent the genocidal acts mentioned above, ensure the military and other organizations de-influence these genocidal acts, that Myanmar shall not destroy or hide any evidence pertinent to the case, that Myanmar shall not take any action to aggravate the issues raised in this dispute, and that Myanmar and Gambia shall each provide a report showing that these provisional measures are being taken four months after the Court makes a decision.
Myanmar raised preliminary objections to the jurisdiction of the Court, the Court ultimately found that the did have jurisdiction. The hearings opened on January 12, 2026 and included two rounds of oral argument, the examination of three witnesses and one expert called by Gambia, and the examination of one witness called by Myanmar. Currently the case is in deliberation in the International Court of Justice and has been since January 29, 2026.
For Further Information, please see:
Human Rights Watch – Information on the Rohingya People
International Court of Justice – The Gambia v. Myanamar – Nov. 11, 2019
International Court of Justice – The Gambia v. Myanamar – Dec. 19, 2025



