Established under the patronage of the OIC Secretary General
(38th OIC-CFM Resolution No.4/37-MM)
ROHINGYA OF ARAKAN, MYANMAR
The Rohingya are a predominantly Muslim ethnic group from Rakhine State, located in the western part of Myanmar (formerly Burma). While the Rohingya have lived in Myanmar for generations, they are often described as one of the most persecuted minorities in the world.
The Rohingya's presence in the region dates back centuries, with some historians tracing their roots to Arab traders who arrived in the region as early as the 8th century.
After Myanmar gained independence in 1948, the Rohingya were initially recognized as citizens and even participated in the political process. However, the situation began to deteriorate in the subsequent decades.
In 1982, a pivotal moment occurred when the Myanmar government enacted a citizenship law that effectively rendered most Rohingya stateless. The law did not include the Rohingya as one of the recognized ethnic groups of Myanmar, stripping them of their citizenship rights.
Horrifying chapter; genocide 2017
In 2017, the world witnessed a horrifying chapter in Arakan as the Rohingya people faced ruthless violence and atrocities. In a systematic campaign by the Myanmar military, more than 350 villages were razed, and countless lives were lost or uprooted. This tragic event led to the mass exodus of over 740,000 Rohingya to neighboring Bangladesh, seeking refuge from the brutality.
The international community condemned the acts, labeling them as Genocide by the United States, and called for justice and accountability at the ICJ.
In November 2019, The Gambia filed a case against Myanmar at the ICJ, accusing it of violating the Convention on the Prevention and Punishment of the Crime of Genocide. This historic step was taken to seek justice and accountability for the atrocities committed against the Rohingya Muslim minority.
Yet, the Rohingya continue to suffer, living in makeshift refugee camps, longing for a place they can call home without fear. Their resilience and courage amidst unimaginable adversity remind us of the urgent need to stand against hate and work for peace and justice.
Genocide Case at the Hague
The International Court Justice (ICJ) Case
The International Court of Justice (ICJ) case regarding the Rohingya is a significant legal and humanitarian matter that concerns allegations of genocide committed by Myanmar against the Rohingya people, a Muslim minority group.
Background
1. Rohingya Crisis: The Rohingya are a Muslim ethnic minority group primarily residing in Rakhine State, Myanmar. They have faced systematic discrimination and marginalization for decades and are largely denied citizenship in Myanmar, rendering them stateless.
2. 2017 Violence: The situation escalated in August 2017, when the Myanmar military launched what it called “clearance operations” in response to attacks by a Rohingya insurgent group. These operations led to widespread reports of human rights abuses, including killings, rape, and the burning of villages, which prompted more than 740,000 Rohingya to flee to neighboring Bangladesh.
3. Allegations of Genocide: Numerous international organizations and countries claim that these actions constitute genocide, as they appear to be systematically targeting the Rohingya population with the intent to destroy it in whole or part. The UN and various human rights organizations have documented these abuses extensively.
The ICJ Case
1. Filing of the Case: On November 11, 2019, The Gambia, on behalf of the Organization of Islamic Cooperation (OIC), brought a case against Myanmar to the ICJ. The Gambia accused Myanmar of breaching the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) through its actions against the Rohingya.
2. Provisional Measures: In January 2020, the ICJ imposed provisional measures ordering Myanmar to take all steps within its power to prevent acts of genocide against the Rohingya, to ensure that military and other security forces do not commit genocidal acts, to preserve evidence of alleged crimes, and to report on its measures to the Court.
3. Legal Arguments:
- The Gambia’s Position: The Gambia argues that Myanmar has perpetrated genocidal acts, including killing, causing serious bodily or mental harm, inflicting destructive conditions of life, and imposing measures intended to prevent births within the Rohingya community.
- Myanmar’s Defense: Myanmar contests these allegations and portrays the actions as part of counter-terrorism operations. Myanmar also disputes the jurisdiction of the ICJ over the issue.
Current Status
As of October 2023, the ICJ proceedings continue. Key developments include:
1. Preliminary Objections: Myanmar raised preliminary objections to the jurisdiction of the ICJ and the admissibility of the case, which were considered and decided upon by the Court.
2. Merits Stage: The case is still moving through the various stages of legal proceedings, including hearings on the merits of the case. Both parties are presenting evidence and arguments related to the allegations of genocide.
3. International Impact: The proceedings at the ICJ have brought significant international attention to the situation of the Rohingya. This case is a crucial test of accountability for alleged genocide under international law.
The final judgment will have far-reaching implications for international justice and the status of the Rohingya in Myanmar and beyond. The ICJ's decision could influence international diplomatic and humanitarian responses and set precedents for how such cases are handled legally on the global stage.
The ICJ case against Myanmar is one of the key legal arenas where the plight of the Rohingya is being addressed. Though the legal process is lengthy, it is a critical component of international efforts to achieve justice and accountability for the alleged crimes against the Rohingya. The situation remains tense and complex, with ongoing humanitarian needs in the region.