On 11 November 2019, The Gambia, on behalf of the 57 members of the Organisation of Islamic Cooperation, filed a case at the International Court of Justice (ICJ) alleging that Myanmar failed to fulfill its obligations to prevent and punish acts of genocide committed against the Rohingya in Rakhine State as required under the Genocide Convention.
In response, the ICJ issued an order on 23 January 2020 directing Myanmar to “take all measures within its power” to prevent the commission of acts defined in the Genocide Convention, including ensuring that its military and any irregular armed units refrain from committing these acts. The Court also ordered Myanmar to “take effective measures to prevent the destruction and ensure the preservation of evidence” related to the ICJ proceedings, and to submit regular reports concerning the measures it has taken to comply with the order.
ICJ summary of order 23.01.2020
In 2022, the ICJ rejected Myanmar’s preliminary objections to the jurisdiction of the Court, and directed Myanmar to file its response to The Gambia’s claims. In 2023 the ICJ issued an order for The Gambia to submit its Reply to arguments made by Myanmar and for Myanmar to submit a Rejoinder by the end of 2024.
In November 2023, Canada, Denmark, France, Germany, the Netherlands and the United Kingdom filed a joint declaration of intervention. The Maldives also filed a declaration to intervene. By an order of 3 July 2024 the Court unanimously decided that both these declarations of intervention are admissible.