Myanmar has told the United Nations’ highest court that The Gambia has failed to prove allegations of genocide against the country’s minority Muslim Rohingya population. The statement was made during oral hearings at the International Court of Justice in The Hague on Friday 16 January 2026.
The case, filed by The Gambia in November 2019, accuses Myanmar of breaching the 1948 UN Genocide Convention through military operations carried out against the Rohingya in Rakhine state. The proceedings are supported by the 57 member states of the Organisation of Islamic Cooperation.
Public hearings on the merits of the case began on 12 January 2026 and are scheduled to continue until 29th January. This is the first full merits hearing in a genocide case at the court in more than ten years. Eleven states have intervened in support of The Gambia.
Opening the hearings on Monday 12 January, Gambia’s Attorney General and Minister of Justice Dawda Jallow described what he said were decades of persecution against the Rohingya. He told the court the case was brought after reviewing credible reports of brutal violations, adding that dehumanising propaganda culminated in clearance operations in 2016 and 2017 and continuing policies aimed at erasing the group’s existence in Myanmar.
Gambian lawyers, including Philippe Sands, argued that the scale and pattern of violence during the 2017 crackdown demonstrated genocidal intent. They rejected Myanmar’s claim that the actions were solely counter-terrorism, arguing it was unreasonable to describe widespread attacks on civilians, including women, children and the elderly, and the burning of villages as legitimate security measures.
Myanmar’s representative, Ko Ko Hlaing, Union Minister for the Ministry of the President’s Office, addressed the court on Friday. He said: “Gambia has failed to meet its burden of proof. This case will be decided on proven fact not unsubstantiated allegations.”
He described the 2017 military operation as a lawful response to attacks by Rohingya insurgents, including the Arakan Rohingya Salvation Army, which he said had killed security personnel. He told judges: “Myanmar was not obliged to remain idle and allow terrorists to have free reign of northern Rakhine state.” He added that clearance operations were a standard military term for counter-insurgency or counter-terrorism efforts.
Ko Ko Hlaing disputed evidence presented by The Gambia, including findings from a UN Independent International Fact-Finding Mission. That mission concluded in 2018 that the operations included genocidal acts and that there were reasonable grounds to believe Myanmar’s armed forces, known as the Tatmadaw, committed genocide, crimes against humanity and war crimes.
He described the UN mission as neither objective nor reliable and said Myanmar had consistently sought to repatriate Rohingya refugees from camps in Bangladesh. He argued that progress since 2017 had been obstructed by external factors including the Covid-19 pandemic, a cyclone and political instability. He said: “Myanmar’s commitment and constant efforts since 2017 contradict Gambia’s narrative that Myanmar’s intention is to destroy or forcibly deport this population.”
Myanmar’s armed forces launched a major offensive in August 2017 following insurgent attacks. More than 700,000 Rohingya fled to Bangladesh, where survivors reported killings, mass rape, arson and other atrocities. A UN High Commissioner for Human Rights at the time described the campaign as a textbook example of ethnic cleansing.
The Rohingya, a Muslim minority in Buddhist majority Myanmar, have faced decades of discrimination and have largely been denied citizenship since 1982. The government has long viewed them as migrants from Bangladesh despite generations living in the country.
More than 1 million Rohingya now live in overcrowded camps in Cox’s Bazar, Bangladesh, facing food shortages, limited access to education and heightened exposure to natural disasters.
The case follows provisional measures ordered by the court in January 2020, requiring Myanmar to prevent genocidal acts, preserve evidence and report on compliance. In late 2024, the prosecutor of the International Criminal Court requested an arrest warrant for Senior Gen Min Aung Hlaing for crimes against humanity against the Rohingya. That request remains pending.
Myanmar has remained in political turmoil since the 2021 military coup that removed the elected government led by Aung San Suu Kyi. She defended Myanmar during jurisdiction hearings in 2019, denying genocide and arguing the exodus resulted from clashes with insurgents. She is now imprisoned on charges her supporters say are politically motivated.
Closed court sessions are scheduled from next week, during which Rohingya victims will testify directly. A final ruling is expected towards the end of 2026, with observers noting the decision could influence other genocide-related cases currently before international courts.
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