The Gambia accuses Myanmar at the International Court of Justice (ICJ) of genocide against the Rohingya during military operations in Rakhine State in 2016 and 2017. Myanmar says the operations were counterterrorism measures. The court heard the merits from January 12 to 29, 2026, and is deliberating, with no judgment date announced.
Latest development Jan 29, 2026
On January 29, 2026, the International Court of Justice closed three weeks of merits hearings and began its deliberation. The court has said it will deliver its judgment at a public sitting on a date to be announced.
Why it matters
The judgment will decide whether Myanmar is responsible for genocide against the Rohingya. It will also show how the International Court of Justice assesses intent to destroy a group, a question raised in South Africa v. Israel and other pending cases.
Background
The Gambia filed its application on November 11, 2019, under Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide. It acted on behalf of the 57 members of the Organisation of Islamic Cooperation (OIC). It alleges that Myanmar’s armed forces committed genocide against the Rohingya in “clearance operations” launched in northern Rakhine State in October 2016 and August 2017. It cites mass killings, sexual violence, and the burning of villages. More than 700,000 Rohingya fled to Bangladesh. Myanmar says the operations were counterterrorism measures.
On January 23, 2020, the International Court of Justice (ICJ) unanimously ordered Myanmar to take all measures within its power to prevent genocidal acts. It also ordered Myanmar to preserve evidence and to report regularly on compliance. On July 22, 2022, it rejected Myanmar’s four preliminary objections, three unanimously and one by 15 votes to one. Canada, Denmark, France, Germany, the Netherlands, and the United Kingdom filed a joint declaration of intervention on November 15, 2023, and the Maldives filed its own. The court admitted them on July 3, 2024, and admitted declarations by Slovenia, the Democratic Republic of the Congo, Belgium, and Ireland on July 29, 2025.
The court heard the merits from January 12 to 29, 2026, in two rounds of oral argument. The Gambia called three witnesses and one expert, and Myanmar called one witness, partly in closed sittings. The Gambia seeks a finding that Myanmar breached the Convention and must make reparation. The court began its deliberation on January 29, 2026, and will announce the date of its judgment in due course.
Timeline 8 events
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HearingHearings close and the court begins its deliberation
The Gambia had called three witnesses and one expert, and Myanmar one witness. No date has been set for the judgment.
International Court of Justice: Press release 2026/1Independent Investigative Mechanism for Myanmar: The Gambia v. Myanmar
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HearingMerits hearings open at the Peace Palace in The Hague
Attorney General Dawda Jallow opened for The Gambia. The hearings included closed sittings for witness testimony.
UN News: hearings on Rohingya genocide caseFoley Hoag: representation of The Gambia
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OrderCourt admits interventions by four more states
Slovenia, the Democratic Republic of the Congo, Belgium, and Ireland had filed their declarations in November and December 2024.
Independent Investigative Mechanism for Myanmar: The Gambia v. Myanmar
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OrderCourt admits the interventions of seven states
The court found the joint declaration and the Maldives’ declaration admissible.
Independent Investigative Mechanism for Myanmar: The Gambia v. Myanmar
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OrderSix states including the Netherlands file a joint intervention
Canada, Denmark, France, Germany, the Netherlands, and the United Kingdom intervened on the interpretation of the Convention. The Maldives filed a separate declaration.
Independent Investigative Mechanism for Myanmar: The Gambia v. MyanmarInternational Court of Justice: Press releases
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JudgmentCourt rejects Myanmar’s four preliminary objections
Three objections were rejected unanimously and one by 15 votes to one, clearing the way to the merits.
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JudgmentCourt unanimously orders Myanmar to prevent genocidal acts
The order also required Myanmar to preserve evidence and to report regularly on its compliance.
Independent Investigative Mechanism for Myanmar: The Gambia v. MyanmarUN News: hearings on Rohingya genocide case
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FilingThe Gambia files a genocide case against Myanmar
The Gambia acted on behalf of the 57 members of the Organisation of Islamic Cooperation and asked for provisional measures.
Independent Investigative Mechanism for Myanmar: The Gambia v. Myanmar