The Gambia v. Myanmar: Legal Proceedings at the International Court of Justice
In a landmark effort to uphold international human rights, The Gambia initiated legal action against Myanmar at the International Court of Justice (ICJ). The case centers on allegations of severe atrocities committed against the Rohingya group in Rakhine state, asserting that these actions constitute a violation of the Genocide Convention.
The legal basis for The Gambia's application is the erga omnes character of the obligations within the Genocide Convention. In international law, erga omnes refers to obligations owed by a state to the international community as a whole, allowing any state to bring a claim regardless of whether they were directly harmed.
Key Facts
- Case Initiation: Filed by The Gambia on 11 November 2019.
- Core Allegations: Mass murder, rape, and destruction of communities against the Rohingya since October 2016.
- Legal Basis: The Genocide Convention.
- Provisional Measures: Ordered by the ICJ on 23 January 2020 to prevent genocidal acts.
- Intervening Parties: Multiple nations including Canada, France, Germany, and the UK have joined the proceedings.
- Merits Hearings: Conducted from 12 January to 29 January 2026.
Procedural Timeline and Legal Milestones
The legal journey began with a 35-page application submitted by The Gambia. To represent their interests, The Gambia employed a distinguished legal team including Professors Philippe Sands (University College London) and Payam Akhavan (McGill University), alongside Paul Reichler from the law firm Foley Hoag. Myanmar's defense was led by State Counsellor Aung San Suu Kyi and her legal team.
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Provisional Measures and Early Orders
Shortly after the application, The Gambia requested provisional measures—urgent temporary orders intended to protect victims while the full case is decided. Following public hearings from 10 to 12 December 2019, the ICJ issued an order on 23 January 2020. This order required Myanmar to prevent all genocidal acts against the Rohingya Muslims and to provide regular reports on its compliance.
Memorials and Extensions
The Court established a schedule for the submission of written arguments. The Memorial (the primary written statement of the case) was originally due from The Gambia on 23 July 2020, with Myanmar's Counter-Memorial (the response) due by 25 January 2021. However, the Court later granted extensions, moving the deadlines to 23 October 2020 for The Gambia and 23 July 2021 for Myanmar.
International Interventions
The case has drawn significant global attention, leading numerous countries to file declarations of intervention to provide their perspectives and legal arguments to the Court.
| Year of Intervention | Intervening Nations |
|---|---|
| 2023 | Canada, Denmark, France, Germany, the Netherlands, the United Kingdom, the Maldives |
| 2024 | Slovenia, Democratic Republic of Congo, Belgium |
| 2024 (December) | Ireland |
The proceedings reached a critical phase in early 2026, with hearings on the merits of the case taking place between 12 January and 29 January 2026.
Frequently Asked Questions
What is the core allegation in this case?
The Gambia alleges that Myanmar has committed mass murder, rape, and the destruction of communities against the Rohingya group in Rakhine state since approximately October 2016, violating the Genocide Convention.
Why is The Gambia bringing this case if it is not directly affected?
The case is based on the erga omnes nature of the Genocide Convention, which means the obligations to prevent genocide are owed to the entire international community, granting any state the standing to initiate proceedings.
What were the provisional measures ordered by the ICJ?
On 23 January 2020, the ICJ ordered Myanmar to take all necessary measures to prevent genocidal acts against the Rohingya Muslims and to submit regular reports to the Court on how these measures were being implemented.
Which countries have intervened in the proceedings?
Intervening nations include Canada, Denmark, France, Germany, the Netherlands, the United Kingdom, the Maldives, Slovenia, the Democratic Republic of Congo, Belgium, and Ireland.
When did the hearings on the merits take place?
The hearings on the merits of the case began on 12 January 2026 and concluded on 29 January 2026.