Myanmar on Friday dismissed as “unsubstantiated” allegations that it committed genocide against its Rohingya minority, telling the International Court of Justice that its brutal crackdown was a “counter-terrorism operation.”
Myanmar is defending itself at the United Nations top court from accusations brought by The Gambia that its actions against the Rohingya breached the 1948 UN Genocide Convention.
“This case will be decided on the basis of proven facts, not unsubstantiated allegations. Emotional language and blurry factual pictures are not a substitute for a rigorous presentation of facts,” Ko Ko Hlaing, a minister in the president’s office, told the court.
Myanmar has always maintained the 2017 crackdown by its armed forces, known as the Tatmadaw, was justified to root out Rohingya insurgents after a series of attacks left a dozen security personnel dead.
“Myanmar was not obliged to remain idle and allow terrorists to have free reign of northern Rakhine states,” Hlaing told the judges.
“These attacks were the reasons for the clearance operations, which is a military term referring to counter-insurgency or counter-terrorism operations,” added Hlaing.
Judges are hearing three weeks of evidence before deciding whether Myanmar was in breach of the Genocide Convention with its violent actions against the Rohingya.
Under this convention, any state can drag any other before the ICJ, which settles disputes between countries, if it believes a breach has occurred.
A final decision could take months or even years, and while the ICJ has no means of enforcing its decisions, a ruling in favour of The Gambia would heap more political pressure on Myanmar.
“A finding of genocide would place an indelible stain on my country and its people,” said Hlaing.
“These proceedings are of the fundamental importance for my country’s reputation and future.”
Before Myanmar took the stand, representatives from The Gambia laid bare days of harrowing evidence about the crackdown, including mass rape, indiscriminate murder, and torture.
The Rohingya were “targeted for destruction”, The Gambia’s justice minister told the judges.
“When the court considers... all of the evidence taken together, the only reasonable conclusion to reach is that a genocidal intent permeated and informed Myanmar’s myriad of state-led actions against the Rohingya,” said Philippe Sands, arguing for The Gambia.
Hundreds of thousands of Rohingya Muslims fled violence by the Myanmar army and Buddhist militias, escaping to neighbouring Bangladesh and bringing harrowing accounts of mass atrocities.
Today, 1.17 million Rohingya live crammed into dilapidated camps spread over 8,000 acres in Cox’s Bazar in Bangladesh.
“Let me also clear that Myanmar is committed to achieving the repatriation to Myanmar of persons from Rakhine State currently living in camps in Bangladesh,” said Hlaing.
Legal experts are watching proceedings closely as it may give clues for how the court will handle similar accusations against Israel over its military campaign in Gaza, in a case brought to the ICJ by South Africa.
The ICJ hearings wrap up on January 29. Judges will hear evidence from victims in a closed session before both sides make final statements.
The ICJ is not the only court looking into possible genocide against the Rohingya -- other cases are underway at the International Criminal Court and in Argentina under the principle of universal jurisdiction.
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