Gambia v. Myanmar

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Members of the Delegation of The Gambia Monday 12 January 2026 Photograph: UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ. All rights reserved.

Proving Genocide: Party Presentation

Myanmar appears to have changed its position in Gambia v. Myanmar, a historic genocide case before the ICJ. This change may prove decisive in the court's pending decision. 
The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings (by video link) on the preliminary objections raised by Myanmar in the case concerning "Application of the Convention on the Prevention and Punishment of the Crime of Genocide" (The Gambia v. Myanmar) at the Peace Palace in The Hague, from 21 to 28 February 2022. Sessions are held under the presidency of Judge Joan E. Donoghue, President of the Court.

Elements of Genocide: Intent to Kill

The ICJ should explicitly interpret ‘intentionally’ killing members of a group to include dolus directus and dolus eventualis in the case brought by Gambia against Myanmar.
The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings (by video link) on the preliminary objections raised by Myanmar in the case concerning "Application of the Convention on the Prevention and Punishment of the Crime of Genocide" (The Gambia v. Myanmar) at the Peace Palace in The Hague, from 21 to 28 February 2022. (via UN Photo)

Proving Genocide: Patterns of Conduct

As the ICJ hears Gambia v. Myanmar, the Court should continue to consider “patterns of conduct,” while weighing this evidence with other sources for genocidal intent.
The Agent of The Gambia, Abubacarr Marie Tambadou, Minister of Justice and Attorney General of the Gambia, speaks on the first day of the December 2019 hearings before the International Court of Justice. Seated at the front is the Agent of Myanmar, Aung San Suu Kyi, Union Minister for Foreign Affairs of the Republic of the Union of Myanmar.

When Crises Become Courtrooms: How Africa’s Engagement with the ICJ Is Rewriting the Playbook of International Law

Litigants from Africa and the African diaspora are doing more than “using” courts during emergencies. They are actively shaping doctrine.
A woman looks out a window.

Syrian Torture Victims Deserve a Hearing Before the ICJ

As the case moves to the next stage, their voices must be central in the case that Canada and the Netherlands have put before the Court. 
Kyaw Moe Tun (left), new Permanent Representative of the Republic of the Union of Myanmar to the United Nations, pays a courtesy call to Secretary-General António Guterres.

Democracies Must Stop Playing Games with Myanmar’s Representation at the United Nations

Member States that believe in human rights must take the necessary steps to give the Burmese people a voice at the United Nations.
A speaker in a white shirt addresses a crowd with a blue sky and clouds behind him. There is a sign that reads "5th Anniversary Rohingya Genocide Remembrance Day" and "Hope is Home"

Inching Forward but a Long Road Ahead to Achieve Justice for the Rohingya

Five years after the Myanmar military launched its clearance operation targeting the Rohingya in Rakhine State, the wheels of international justice continue slowly to turn. On…
A Rohingya refugee child carries water to her temporary shelter days after a fire burnt their home at a refugee camp in Ukhia, in the southeastern Cox's Bazar district on March 25, 2021. (Photo by Munir Uz zaman / AFP) (Photo by MUNIR UZ ZAMAN/AFP via Getty Images)

Next Steps on the Road to Accountability and Security for Rohingya Refugees

The path forward for Rohingya refugees is complicated, but not impossible. A community leader outlines what's needed: humanitarian aid, international justice, and resettlement…
Image: The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings (by video link) on the preliminary objections raised by Myanmar in the case concerning “Application of the Convention on the Prevention and Punishment of the Crime of Genocide” (The Gambia v. Myanmar) at the Peace Palace in The Hague, from 21 to 28 February 2022. Sessions are held under the presidency of Judge Joan E. Donoghue, President of the Court. A wide view of the members of the Court on the opening day, including Ko Ko Hlaing, the representative of Myanmar's military junta, on the opening day of the hearings. Feb. 21, 2022. UN Photo/Frank van Beek

The People of Myanmar Need to Be Heard, Not Ostracized, on the International Stage

So far, U.N. bodies have boosted the legitimacy of the Myanmar junta (at the ICJ) or denied the Burmese people the right to be represented at all (at the Human Rights Council).…
A woman (R) walks past pigeons flying near a tree along a footpath in Yangon on January 27, 2022. (Photo by AFP) (Photo by -/AFP via Getty Images)

From ‘8888’ to ‘2121’: A New Generation of Resistance in Myanmar

The attempted coup one year ago ushered in a new era for Myanmar. Where will it lead?
Three people check Facebook over tea and food at a teashop in Yangon, Myanmar.

Q&A on Court Ordering Facebook to Disclose Content on Myanmar Genocide

Implications for future investigations and more...
Norng Chan Phal, who survived internment at the Tuol Sleng prison known as S-21 as a child, looks at portraits of victims of the Khmer Rouge regime displayed at Tuol Sleng genocide museum in Phnom Penh on September 2, 2020.

Crimes of Omission: Why a UN Treaty on Genocide but Not on Crimes Against Humanity?

It is a matter of historical curiosity, and it's time for the UN to reunite genocide with its genus by concluding a parallel treaty.
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