Last month, for the first time, representatives of the Burmese military had to answer for their actions in an international court, after decades of breaking international law with total impunity.
For anyone who supports democracy and opposes military rule, there is a clear reason to support The Gambia’s case on the Rohingya genocide at the International Court of Justice.
It is important to be clear about what this case is, and what it is not. The case is not against the people of Burma. It is about genocide against a group of people who have suffered ongoing persecution for decades. It concerns crimes committed against civilians by the Burmese military.
At the ICJ, cases are brought against States rather than individuals. This means Burma, as a State, is answerable for crimes committed by the military. It does not mean that the Burmese people are being blamed or accused. The military acts in the name of the State, but as people across the country know, it does not act in the interests of the people.
This matters because the same military responsible for crimes against the Rohingya continues to commit serious violence today, especially against communities that resist its rule. Civilians in Sagaing, Chin, Karenni, Karen, Rakhine, and other areas face airstrikes, village burnings, mass arrests, torture, and killings. These abuses are not isolated. They follow the same methods used again and again.
As evidence at the ICJ has shown, the Rohingya genocide did not happen suddenly. It was planned over time and carried out step by step. Since 1962, the military has repeatedly targeted Rohingya communities for destruction. This fits with the military’s wider approach of using violence to keep control and silence opposition.
For this reason, the case is not only about the past. It is about stopping violence that is happening now and preventing further crimes against civilians. The Court has already ordered the State to take steps to prevent further acts of genocide, because the risk of continued violence remains real.
The military has long used the Rohingya to shift attention away from its own actions. By encouraging division and directing blame toward one community, it has avoided accountability while continuing to harm people across the country. This strategy has not protected Burma. It has protected the military.
Supporting this case does not weaken the country. It weakens the military’s ability to act without consequence. When crimes are ignored, they continue. When scrutiny increases, abuse becomes harder to hide.
International attention still matters. When the ICJ is involved, governments and international institutions cannot easily look away. Eleven other States, including the United Kingdom, Canada, and Germany, have formally joined the case, supporting The Gambia and submitting their own evidence to the Court. This level of international engagement increases pressure on the military and limits the space in which it can operate freely.
The suffering of the Rohingya and the suffering of other communities across Burma come from the same source: military rule without accountability. Justice for one group does not reduce justice for others. It helps protect everyone.
After the hearings ended on the 29th January, the judges will consider the case, with a final decision expected within six to twelve months.
The outcome of this case will not damage the reputation of Burma or its people. It will damage the reputation of the military.
If the military is allowed to avoid responsibility, it will be encouraged to continue. It will take this as a signal that it can keep committing crimes against humanity and war crimes against the people of Burma without consequence. The best outcome for Burma is not to defend the military, but to remove it from power.
Maung Tun Khin is Chairperson of the Arakan Rohingya National Council and President of Burmese Rohingya Organisation UK.
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