Myanmar has formally denied accusations of genocide against the Rohingya people at the International Court of Justice (ICJ), dismissing the allegations as "unsubstantiated" in a high-stakes legal battle that echoes deeply in global human rights corridors.

The defense comes as the military junta, which seized power in 2021, faces intensified scrutiny over its 2017 "clearance operations" in Rakhine state. Ko Ko Hlaing, representing Myanmar, argued that the crackdown was a legitimate counter-insurgency response to attacks by the Arakan Rohingya Salvation Army (ARSA), not a calculated attempt to destroy an ethnic group.

"The Intent to Destroy"

The case, brought by The Gambia, hinges on the 1948 Genocide Convention. The Gambia’s legal team, led by Justice Minister Dawda Jallow, painted a harrowing picture of "mass rape, extrajudicial killings, and the systematic burning of villages" designed to erase the Rohingya identity. "This is not about counter-terrorism," Jallow told the 17-judge panel in The Hague. "This is about the intent to destroy a people."

• The Human Toll: Over 730,000 Rohingya fled to neighboring Bangladesh in 2017, joining thousands already in refugee camps. UN investigators have termed the military’s actions as bearing "the hallmarks of genocide."
• The Defense Strategy: Myanmar maintains that the International Fact-Finding Mission (FFM) report, which forms the basis of the prosecution, is "biased and flawed." They argue the court lacks jurisdiction and that The Gambia is acting as a proxy for the Organisation of Islamic Cooperation (OIC).

A Warning for the Region

For Kenya and the East African Community, the proceedings serve as a stark reminder of the fragility of ethnic cohesion. With Kenya hosting over 500,000 refugees from Somalia and South Sudan, the legal precedents set at the ICJ regarding state responsibility and the definition of "genocidal intent" could reshape refugee protections globally. The hearings continue through January 29, 2026, with a final verdict expected later this year.