Friday, the top court of the United Nations rejected Myanmar's preliminary objections to a case alleging that the Southeast Asian nation is culpable for genocide against the Rohingya ethnic minority.

The ruling establishing the jurisdiction of the International Court of Justice paves the way for hearings to present evidence of atrocities committed against the Rohingya, which human rights groups and a United Nations investigation claim violate the 1948 Genocide Convention. In March, Secretary of State Antony Blinken of the United States stated that the violent repression of the Rohingya population in Myanmar, formerly known as Burma, constitutes genocide.

Tun Khin, president of the Burmese Rohingya Organization UK, applauded the judgment, stating that 600,000 Rohingya "are still facing genocide" and that "one million people in Bangladesh camps are waiting for a glimmer of hope for justice."

The African nation of Gambia launched the lawsuit in 2019 in response to international concern over the persecution of the Rohingya; hundreds of thousands fled to Bangladesh in 2017 in response to Myanmar's brutal campaign. It asserted that both Gambia and Myanmar were signatories to the 1948 convention and that all signatories were responsible for ensuring its implementation.

The court's judges concurred.

The court's president, U.S. Judge Joan E. Donoghue, stated in a summary of the decision: "Any state party to the Genocide Convention may invoke the responsibility of another state party, including by initiating proceedings before the court."

Before the ruling, a small group of pro-Rohingya protestors gathered in front of the court's headquarters, the Peace Palace, carrying a sign that said, "Accelerate the delivery of justice to the Rohingya. The survivors of the atrocity cannot wait for generations."

One protester stamped on a giant portrait of Senior Gen. Min Aung Hlaing, the leader of Myanmar's military administration.

The court rejected arguments expressed by Myanmar's attorneys during February hearings that the lawsuit should be dismissed because the world court only adjudicates disputes between states, and the Gambia filed the Rohingya complaint on behalf of the Organization of Islamic Cooperation.

The judges also rejected Myanmar's allegation that the Gambia could not submit the lawsuit because it was not directly related to the events in Myanmar and because there was no legal disagreement between the two nations before the case filing.

Myanmar's delegate, the military government's minister for foreign cooperation, Ko Ko Hlaing, stated that his country "will do everything possible to defend our country and protect our national interests."

Dawda Jallow, the attorney general and minister of justice of the Gambia stated, "We are very pleased that justice has been served."

The Netherlands and Canada supported the Gambia, stating in 2020 that the government "took a commendable step toward ending impunity for those committing atrocities in Myanmar and upholding this commitment." Canada and the Netherlands believe it their duty to assist these efforts, which affect the entire human race."

However, the court concluded Friday that sending the two countries copies of the case's records and legal arguments "would not be appropriate."

In 2017, in response to an attack by a Rohingya rebel group, Myanmar's military conducted what it termed a "clearance campaign in Rakhine state." More than 700,000 Rohingya refugees have fled to Bangladesh. Thousands of Rohingya homes have allegedly been set ablaze by Myanmar's security forces, who have also been accused of widespread rapes, murders, and arson.

In 2019, attorneys for the Gambia at the ICJ presented maps, satellite imagery, and graphic photographs of the military campaign to illustrate their charges of genocide. This prompted the court to instruct Myanmar to do everything possible to avoid the genocide of the Rohingya. The purpose of the interim order was to protect the minority until the matter is decided in The Hague, a process that will likely take years.
The International Court of Justice adjudicates international conflicts. It is unrelated to the International Criminal Court, which is also situated in The Hague and is responsible for holding individuals accountable for atrocities. The International Criminal Court examines crimes against Rohingya refugees forced to migrate to Bangladesh.