Why the Rohingya case at the ICJ matters to everyone in Burma

Why the Rohingya case at the ICJ matters to everyone in Burma

By Tun Khin | Published by Mizzima on Feb 3, 2025

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.

ARNC Extends Gratitude to The Gambia and Legal Team as International Court of Justice Concludes Genocide Hearings Against Myanmar

ARNC Extends Gratitude to The Gambia and Legal Team as International Court of Justice Concludes Genocide Hearings Against Myanmar

Press Release

ARNC Extends Gratitude to The Gambia and Legal Team as International Court of Justice Concludes Genocide Hearings Against Myanmar

The Arakan Rohingya National Council (ARNC) sincerely welcomes the conclusion of the hearings before the International Court of Justice (ICJ) in the historic case brought by the Republic of The Gambia, with the support of eleven other States, against the Republic of the Union of Myanmar concerning violations of the Convention on the Prevention and Punishment of the Crime of Genocide.

ARNC expresses its deepest gratitude to the International Court of Justice, its esteemed Judges, officers, and staff for their professionalism, integrity, and commitment to upholding international law and justice.

We convey our heartfelt appreciation and gratitude to Foley Hoag LLP, the legal team representing The Gambia, for their steadfast and principled advocacy for justice for the Rohingya at the International Court of Justice. Their professional commitment to international law and accountability continues to give hope to a persecuted people of Myanmar and strengthen the global fight against genocide and impunity.

We also extend our profound appreciation to the Government and people of The Gambia for their moral courage and principled leadership in bringing this case on behalf of the Rohingya people, as well as to the eleven supporting States for standing in defense of accountability and human dignity. ARNC acknowledges and appreciates the support of the people of Myanmar for standing with us in this historic pursuit of justice.

ARNC is confident that the Court will render its decision based on the extensive and compelling evidence presented, including eyewitness accounts, survivor testimonies, and expert analyses. The evidence clearly demonstrates that Myanmar’s security forces, with the support of extremist elements from the Rakhine community, have committed acts that violate all the provisions of the Genocide Convention against the Rohingya people of Arakan.

We trust that the Court will uphold its mandate by determining responsibility in accordance with international law and by ordering appropriate remedies, including reparations and compensation, as provided for under the Genocide Convention. Justice delayed is justice denied, and we respectfully urge the Court to deliver its decision at the earliest possible opportunity.

Furthermore, ARNC calls upon the International Court of Justice to order Myanmar’s leadership to immediately and completely cease all ongoing oppression, persecution, and discriminatory practices against the remaining Rohingya population in Myanmar, and to comply fully with its obligations under international law.

Rohingya are an indigenous people of Arakan who have lived in the region for thousands of years, with deep historical, cultural, and social roots in the land. As such, they possess an inherent and inalienable right to their homeland. ARNC firmly asserts that all Rohingya who were forcibly displaced must be allowed to return voluntarily, safely, with full dignity, equal citizenship rights, security guarantees, and access to justice. Any durable solution must recognize the Rohingya as a native people of Arakan and ensure their fundamental rights in accordance with international law.

The Rohingya people have endured decades of systematic violence, displacement, and denial of their fundamental rights. This ICJ case represents not only a pursuit of justice for past crimes, but also a critical step toward preventing further atrocities and ensuring accountability for the future.

The suffering of the Rohingya and that of other communities and ethnicities across Myanmar stem from the same root cause: unaccountable military rule. Justice for one does not diminish justice for others—it strengthens protection for all. ARNC is confident that justice delivered to Rohingya people will ultimately benefit and serve all the people of Myanmar.

ARNC remains steadfast in its belief that international justice can and must prevail.

For more information, please contact:

  • Tun Khin: +44 78 8871 4866
  • Nay San Lwin: +49 176 6213 9138
  • Khairul Amin: +47 9 242 8989
Sincere condolences on the passing of Bangladesh’s former Prime Minister, Begum Khaleda Zia

Sincere condolences on the passing of Bangladesh’s former Prime Minister, Begum Khaleda Zia

On behalf of the Arakan Rohingya National Council (ARNC), we extend our deepest condolences on the passing of former prime minister of Bangladesh Begum Khaleda Zia. We mourn her departure with profound respect and sympathy, and we share in the grief felt by her family, colleagues, supporters, and the people of Bangladesh during this period of national mourning.

Begum Khaleda Zia devoted much of her life to public service and political leadership. As one of the most prominent figures in the political history of Bangladesh, her leadership, resilience, and commitment to national affairs left a lasting imprint on the country’s democratic landscape. She was the first female prime minister of Bangladesh and her role during challenging political periods, and her decades of dedication to public life, will long be remembered across Bangladesh and beyond.

The ARNC also recalls with deep appreciation her principled and compassionate stand for the Rohingya people. At critical moments, she spoke out in support of justice, dignity, and humanitarian protection for the Rohingya community. Her voice helped draw international attention to their plight and affirmed the importance of human rights and solidarity in times of great suffering. For this, she is remembered with gratitude by Rohingya both inside and outside the region.

At this moment of reflection, we honour her legacy, her courage, and the contributions she made to political life, humanitarian values, and regional understanding.

To Mr. Tarique Rahman, Acting Chairperson of the Bangladesh Nationalist Party (BNP), her family, members of the BNP, and all who were close to her, we extend our heartfelt sympathies. We pray that they find strength, patience, and comfort during this difficult time.

We also pray with the people of Bangladesh that her dream of democratic Bangladesh will soon be fulfilled. We also extend our solidarity to the people of Bangladesh as they remember her life, service, and leadership.

May her soul rest in peace.

Central Exective Committee
Arakan Rohingya National Council

Rohingya Sea Tragedy Is a Result of Genocidal Persecution in Arakan

Rohingya Sea Tragedy Is a Result of Genocidal Persecution in Arakan

Press Release

Rohingya Sea Tragedy Is a Result of Genocidal Persecution in Arakan

The Arakan Rohingya National Council (ARNC) expresses its deepest sorrow and strongest condemnation following the tragic sinking of a boat carrying Rohingya refugees and other migrants off the coast of Malaysia, near the Thailand–Malaysia maritime boundary. According to Malaysian maritime authorities, one body has been recovered and “dozens” remain missing after an overloaded vessel believed to be carrying about 90 people capsized near the area of Tarutao Island, Thailand, drifting toward Langkawi Island, Malaysia.

The incident reportedly involved migrants who initially boarded a larger vessel in Myanmar’s Arakan State carrying 300 Rohingya from Buthidaung Township and then transferred to smaller boats to avoid detection when it came closer to the Malaysian coast.

This horrific event must not be seen as a mere accident. It is another consequence of the ongoing genocidal persecution and campaign of erasure against the Rohingya people in their ancestral land of Arakan State, Myanmar. ARNC has repeatedly warned that the Arakan Army (AA) has undertaken a systematic campaign to render Arakan Rohingya-free through killings, forced displacement, arbitrary arrests, force recruitment, destruction of Rohingya villages and policies of siege. These brutal tactics have left thousands of Rohingya civilians trapped without food, security or hope, pushing many into deadly sea crossings out of desperation.

This tragedy is not simply an unfortunate occurrence; it is the direct result of the Arakan Army’s atrocities and the sustained persecution that continue to drive Rohingya families into the sea, where countless lives are being lost.

ARNC strongly condemns these inhuman acts and issues an urgent call for international intervention to end the suffering of the Rohingya people.

ARNC hereby appeals to:

  • The Association of Southeast Asian Nations (ASEAN) to fulfil its humanitarian obligations and establish a regional protection mechanism for Rohingya refugees and migrants at sea and onshore and to establish a joint task force to investigate human trafficking gangs and hold them to account.
  • The United Kingdom to immediately convene a meeting of the United Nations Security Council to discuss the crisis in Arakan State, including violations of international law by the Burmese military and Arakan Army, breaches of the provisional measures ordered by the International Court of Justice, starvation in Rakhine State, the crisis for Rohingya refugees impacted by aid cuts, and human trafficking.
  • The European Union (EU), the Organisation of Islamic Cooperation (OIC), the United States (USA) and the United Kingdom (UK) to sanction the Arakan Army and its leaders for their role in violations of international law.
  • Regional governments, especially Malaysia, Thailand and Indonesia, to ensure safe disembarkation, thorough search-and-rescue operations, and humane treatment for all survivors regardless of legal status.
  • The international community must not remain indifferent while an entire people are being driven from their homeland, and many are forced to risk death at sea. The Rohingya are facing a renewed wave of genocide under the guise of conflict in Arakan, and global silence only emboldens the perpetrators.

ARNC reiterates its unwavering demand for justice, accountability, and the full restoration of Rohingya indigenous rights in their homeland in Arakan State.

For more information, please contact:

  • Tun Khin: +44 78 8871 4866
  • Nay San Lwin: +49 176 6213 9138
  • Khairul Amin: +47 9 242 8989