Myanmar

The International Court of Justice is deciding if Myanmar committed genocide against the Rohingya in 2017 military crackdown.

An international court case accusing Myanmar of committing genocide against its mostly Muslim Rohingya minority is “flawed and unfounded”, the country’s Ministry of Foreign Affairs says.

In a statement published by state media on Wednesday, Myanmar’s military government hit out at the genocide case, which has been brought to the International Court of Justice (ICJ) in The Hague, Netherlands, by The Gambia.

“The allegations made by The Gambia are flawed and unfounded in fact and law,” the Foreign Ministry said.

“Biased reports, based on unreliable evidence, cannot make up for truth,” it said.

Myanmar’s military rulers, who seized power in 2021, are cooperating with the ICJ case “in good faith” in a sign of respect for international law, the statement added.

The Gambia filed the case against Myanmar at the ICJ, also known as the World Court, in 2019, two years after the country’s military launched an offensive that forced about 750,000 Rohingya from their homes, mostly into neighbouring Bangladesh.

Survivors of the military operation recounted mass killings, rapes and arson attacks. Today, about 1.17 million Rohingya live crammed into dilapidated refugee camps in Cox’s Bazar in Bangladesh.

On the opening day of the trial on Monday, Gambian Justice Minister Dawda Jallow told the court the Rohingya “have been targeted for destruction” in Myanmar.

Lawyers for military-ruled Myanmar will begin their court response on Friday.

Included ‘genocidal acts’

The trial is the first genocide case the ICJ has taken up in full in more than a decade, and its outcome will have repercussions beyond Myanmar, likely affecting South Africa’s petition against Israel over its genocidal war in Gaza. The hearings will span three weeks.

The human rights chief of the United Nations at the time of the crackdown in Myanmar called it a “textbook example of ethnic cleansing”, and a UN fact-finding mission concluded that the military’s 2017 offensive had included “genocidal acts”. But authorities in Myanmar rejected the report, claiming its military offensive was a legitimate counterterrorism campaign in response to attacks by Rohingya armed groups.

Wednesday’s statement by Myanmar’s Foreign Ministry did not use the word Rohingya, instead referring to “persons from Rakhine state”.

The Rohingya are not recognised as an official minority in Myanmar, which denies them citizenship despite many having roots in the country stretching back centuries.

A final decision in the Rohingya genocide case 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 likely place more political pressure on Myanmar.

The Southeast Asian nation is currently holding phased elections that have been criticised by the UN, some Western countries and human rights groups as neither free nor fair.

The United Nations’s top court is set to open a landmark case accusing Myanmar of committing genocide against its mostly Muslim Rohingya minority.

The trial on Monday is the first genocide case that the International Court of Justice (ICJ) will take up in full in more than a decade, and its outcome will have repercussions beyond Myanmar, likely affecting South Africa’s petition against Israel over its genocidal war on Gaza.

The hearings will start at 09:00 GMT on Monday and span three weeks.

The Gambia filed the case against Myanmar at the ICJ, also known as the World Court, in 2019, two years after the country’s military launched an offensive that forced some 750,000 Rohingya from their homes and into neighbouring Bangladesh.

The refugees recounted mass killings, rape and arson attacks.

A UN fact-finding mission at the time concluded that the 2017 offensive had included “genocidal acts”. But authorities in Myanmar rejected the report, saying its military offensive was a legitimate counterterrorism campaign in response to attacks by alleged Rohingya armed groups.

“The case is likely to ‍set critical precedents for how genocide is defined and how it can be proven, and how violations can be remedied,” Nicholas Koumjian, head of the UN’s Independent Investigative Mechanism for Myanmar, told the Reuters news agency.

‘Renewed hope’

In Bangladesh’s Cox’s Bazar, Rohingya refugees said they hoped the genocide case would help bring justice.

“We want justice and peace,” said 37-year-old Janifa Begum, a mother of two. “Our women lost their dignity when the military junta launched the eviction. They burned villages, killed men, and women became victims of widespread violence.”

Others said they hoped the case would bring them real change, even though the ICJ has no way to enforce any judgement it might make.

“I hope the ICJ will bring some solace to the deep wounds we are still carrying,” said Mohammad Sayed Ullah, 33, a former teacher and now a member of the United Council of Rohingya, a refugee organisation.

“The perpetrators must be held accountable and punished,” he said. “The sooner and fairer the trial is, the better the outcome will be… then the repatriation process may begin.”

Wai Wai Nu, the head of Myanmar’s Women’s Peace Network, said the start of the trial “delivers renewed hope to Rohingya that our decades-long suffering may finally end”.

“Amid ongoing violations against the Rohingya, the world must stand firm in the pursuit of justice and a path toward ending impunity in Myanmar and restoring our rights.”

The hearings at the ICJ will mark the first time that Rohingya victims of the alleged atrocities will be heard by an international court, although those sessions will be closed to the public and the media for sensitivity and privacy reasons.

“If the ICJ finds Myanmar responsible under the Genocide Convention, it would mark a historic step in holding a state legally accountable for genocide,” said Legal Action Worldwide (LAW), a group that advocates for Rohingya rights.

Separate ICC case

During the preliminary hearings in the ICJ case in 2019, Myanmar’s then-leader, Aung San Suu Kyi, rejected The Gambia’s accusations of genocide as “incomplete and misleading”. She was later toppled by the military in a coup in 2021.

The power grab plunged Myanmar into chaos, with the military’s violent crackdown on pro-democracy protests sparking a nationwide armed rebellion.

While Myanmar’s military continues to deny the accusations of genocide, the opposition National Unity Government (NUG), established by elected lawmakers after the 2021 coup, said it has “accepted and welcomed” the jurisdiction of the ICJ, adding that it has “withdrawn all preliminary objections” previously submitted on the case.

In a statement ahead of the hearing, the NUG acknowledged the government’s failures, which it said “enabled grave atrocities” to take place against minority groups. It also acknowledged the name Rohingya, which the previous elected government, including Aung San Suu Kyi, had refused to do.

“We are committed to ensuring such crimes are never repeated,” the NUG said.

Myanmar’s military leader, Senior General Min Aung Hlaing, is facing a separate arrest warrant before the International Criminal Court (ICC) for his role in the persecution of the Rohingya.

The ICC prosecution said the general “bears criminal responsibility for the crimes against humanity of deportation and persecution of the Rohingya, committed in Myanmar, and in part in Bangladesh.”

Additionally, the Burmese Rohingya Organisation UK (BROUK) has accused the military government of “intensifying genocide” against the Rohingya since taking power in 2021.

Myanmar is currently holding phased elections that have been criticised by the UN, some Western countries and human rights groups as not free or fair.

Polls have opened in 100 townships across the country, with the military claiming 52 percent turnout in the first round.

Myanmar has resumed voting in the second phase of the three-part general elections amid a raging civil war and allegations the polls are designed to legitimise military rule.

Polling stations opened at 6am local time on Sunday (23:30 GMT on Saturday) across 100 townships in parts of Sagaing, Magway, Mandalay, Bago and Tanintharyi regions, as well as Mon, Shan, Kachin, Kayah and Kayin states.

Many of those areas have seen clashes in recent months or remain under heightened security.

Myanmar has been ravaged by conflict since the military ousted ⁠a civilian government in a 2021 coup and arrested its leader, Nobel Peace Prize winner Aung San Suu Kyi, leading to ​a civil war that has engulfed large parts of the impoverished nation of 51 million people.

Aung San Suu Kyi’s ‍National League for Democracy party, which swept the last election in 2020, has been dissolved along with dozens of other antimilitary parties for failing to register for the latest polls.

The election is taking place in three phases because of the ongoing conflict. The first phase unfolded on December 28 in 102 of the country’s 330 townships, while a third round is scheduled for January 25.

Some 65 townships will not participate due to ongoing clashes.

The military claimed a 52 percent voter turnout after the December 28 vote, while the pro-military Union Solidarity and Development Party (USDP), which analysts say is a civilian proxy for the military, said it won more than 80 percent of seats contested in the lower house of the legislature.

“The USDP is on track for a landslide victory, which is hardly a surprise given the extent to which the playing field was tilted in ​its favour. This included the removal of any serious rivals and a set of ‌laws designed to stifle opposition to the polls,” said Richard Horsey, senior Myanmar adviser for Crisis Group.

Myanmar has a two-house national legislature, totalling 664 seats. The party with a combined parliamentary majority can select the new president, who can pick a cabinet and form a new government. The military automatically receives 25 percent of seats in each house under the constitution.

On Sunday morning, people in Yangon, the country’s largest city, cast their ballots at schools, government offices and religious buildings, including in Aung San Suu Kyi’s former constituency of Kawhmu, located roughly 25km (16 miles) south of the city.

As she exited her polling station, 54-year-old farmer Than Than Sint told the AFP news agency she voted because she wants peace in Myanmar, even though she knows it will come slowly given the fractured country’s “problems”.

Still, “I think things will be better after the election”, she said.

Others were less enthusiastic. A 50-year-old resident of Yangon, who asked to remain anonymous for safety reasons, said, “The results lie only in the mouth of the military.”

“People have very little interest in this election,” the person added. “This election has absolutely nothing to do with escaping this suffering.”

The United Nations and human rights groups have called the elections a “sham” that attempt to sanitise the military’s image.

Tom Andrews, the UN special rapporteur on the situation of human rights in Myanmar, said earlier this week that the election was “not a free, fair, nor legitimate election” by “all measures”.

“It is a theatrical performance that has exerted enormous pressure on the people of Myanmar to participate in what has been designed to dupe the international community,” Andrews said.

Laws enacted by the military ahead of the vote have made protest or criticism of the elections punishable by up to 10 years in prison. More than 200 people currently face charges under the measure, the UN said, citing state media.

Separately, at least 22,000 people are currently being detained in Myanmar for political offences, according to the Assistance Association for Political Prisoners.

Myanmar’s military government is holding an election despite much of the country being ravaged by the effects of war with rebel forces. Al Jazeera’s Tony Cheng has been to the abandoned town of Hpapun, where there are no residents left to vote.

A bowler from Bhutan has become the first cricketer to take eight wickets in a T20 international.

Left-arm spinner Sonam Yeshey finished with fine figures of 8-7 from four overs in his side’s 82-run win, external over Myanmar in the third of five men’s T20s between the sides in Gelephu.

The 22-year-old now has the best-ever figures of any bowler in men’s or women’s T20 international cricket.

Six of Yeshey’s wickets were caught while one was bowled and the other lbw.

Bhutan were victorious after they made 127-9 then bowled out Myanmar for 45.

Malaysian seamer Syazrul Idrus previously held the best T20 figures for a man with the 7-8 he claimed against China in July 2023.

Indonesia off-spinner Rohmalia Rohmalia has the best figures in women’s T20s for her 7-0 against Mongolia in April 2024.

Bhutan are an Associate member of the International Cricket Council (ICC) and many players representing countries at that level are unpaid amateurs.

However, Bhutan have 36 players – equally split across their men’s and women’s national sides – who are paid via central contracts.

Bhutan are currently ranked 77th in the ICC men’s T20 rankings while Myanmar are 95th.

Voting is under way in Myanmar’s heavily restricted election, the first since the military toppled Aung San Suu Kyi’s democratically-elected government in a coup in 2021. Al Jazeera’s Tony Cheng explains the process from a polling station in Yangon.

Myanmar’s election is unlikely to change the reality for more than 1M Rohingya refugees in Bangladesh who fled what the UN called ‘genocidal violence’ in Myanmar. Efforts to repatriate the Muslim minority have stalled since the junta seized power in 2021. Al Jazeera’s Tanvir Chowdhury reports from Cox’s Bazar.

From displaced Palestinian families struggling in the cold winter in makeshift tents in Gaza, Christmas celebrations in Ukraine amid the ongoing Russia-Ukraine war, to the historic gathering of more than one million people in Dhaka welcoming home Bangladesh’s opposition leader Tarique Rahman after his 17-year self-imposed exile, here is a look at the week in photos.

Polls have opened in Myanmar’s first general election since the country’s military toppled Nobel laureate Aung San Suu Kyi’s democratically elected government in a 2021 coup.

The heavily restricted election on Sunday is taking place in about a third of the Southeast Asian nation’s 330 townships, with large areas inaccessible amid a raging civil war between the military and an array of opposition forces.

Following the initial phase, two rounds of voting will be held on January 11 and January 25, while voting has been cancelled in 65 townships altogether.

“This means that at least 20 percent of the country is disenfranchised at this stage,” said Al Jazeera’s Tony Cheng, reporting from Myanmar’s largest city, Yangon. “The big question is going to be here in the cities, what is the turnout going to be like?”

In Yangon, polling stations opened at 6am on Sunday (23:30 GMT, Saturday), and once the sun was up, “we’ve seen a relatively regular flow of voters come in,” said Cheng.

“But the voters are generally middle aged, and we haven’t seen many young people. When you look at the ballot, there are only few choices. The vast majority of those choices are military parties,” he said.

The election has been derided by critics – including the United Nations, some Western countries and human rights ⁠groups – as an exercise that is not free, fair or credible, with anti-military political parties not competing.

Aung San Suu Kyi, who was deposed by the military ​months after her National League for Democracy (NLD) won the last general election by a landslide in 2020, remains in detention, and her party has been dissolved.

The pro-military Union Solidarity and Development Party (USDP) is widely expected to emerge as the largest party.

The military, which has governed Myanmar since 2021, said the vote is a chance for a new start, politically and economically, for the nation of 55 million people, with Senior General Min Aung Hlaing consistently framing the polls as a path to reconciliation.

The military chief cast his ballot shortly after polling stations opened in Naypyidaw, the country’s capital.

The polls “will turn a new page for Myanmar, shifting the narrative from a conflict-affected, crisis-laden country to a new chapter of hope for building peace and reconstructing ‌the economy”, an opinion piece in the state-run Global New Light of Myanmar said on Saturday.

‘A resounding USDP victory’

But with fighting still raging in many areas of the country, the elections are being held in an environment of violence and repression, according to UN human rights chief Volker Turk. “There are no conditions for the exercise of the rights of freedom of expression, association or peaceful assembly that allow for the free and meaningful participation of the people,” he said last week.

The civil war, which was triggered by the 2021 coup, has killed an estimated 90,000 people, displaced 3.5 million and left some 22 million people in need of humanitarian assistance.

According to the Assistance Association for Political Prisoners, more than 22,000 people are currently detained for political offences.

In downtown Yangon, stations were cordoned off overnight, with security staff posted outside, while armed officers guarded traffic intersections. Election officials set up equipment and installed electronic voting machines, which are being used for the first time in Myanmar.

The machines will not allow write-in candidates or spoiled ballots.

Among a trickle of early voters in the city was 45-year-old Swe Maw, who dismissed international criticism.

“It’s not an important matter,” he told the AFP news agency. “There are always people who like and dislike.”

In the central Mandalay region, 40-year-old Moe Moe Myint said it was “impossible for this election to be free and fair”.

“How can we support a junta-run election when this military has destroyed our lives?” she told AFP. “We are homeless, hiding in jungles, and living between life and death,” she added.

The second round of polling will take place in two weeks’ time, before the third and final round on January 25.

Dates for counting votes and announcing election results have not been declared.

Analysts say the military’s attempt to establish a stable administration in the midst of an expansive conflict is fraught with risk, and that significant international recognition is unlikely for any military-controlled government.

“The outcome is hardly in doubt: a resounding USDP victory and a continuation of army rule with a thin civilian veneer,” wrote Richard Horsey, an analyst at the International Crisis Group in a briefing earlier this month.

“But it will in no way ease Myanmar’s political crisis or weaken the resolve of a determined armed resistance. Instead, it will likely harden political divisions and prolong Myanmar’s state failure. The new administration, which will take power in April 2026, will have few better options, little credibility and likely no feasible strategy for moving the country in a positive direction,” he added.

Yangon, Myanmar – Voters in parts of Myanmar are heading to the polls on Sunday for an election that critics view as a bid by the country’s generals to legitimise military rule, nearly five years after they overthrew the government of Nobel Laureate Aung San Suu Kyi.

The multi-phased election is unfolding amid a raging civil war, with ethnic armed groups and opposition militias fighting the military for control of vast stretches of territory, stretching from the borderlands with Bangladesh and India in the west, across the central plains, to the frontiers with China and Thailand in the north and east.

In central Sagaing, voting will take place in only a third of the region’s townships on Sunday. Another third will be covered during a second and third phase in January, while voting has been cancelled altogether in the remainder.

Fighting, including air raids and arson, has intensified in several areas.

“The military is deploying troops and burning villages under the guise of ‘territorial dominance’,” said Esther J, a journalist based there. “People here are saying this is being done for the election.”

In most of the region, “we haven’t seen a single activity related to the election,” she said. “No one is campaigning, organising or telling people to vote.”

Across Myanmar, voting has been cancelled in 56 of the country’s 330 townships, with more cancellations expected. The conflict, triggered by the 2021 coup, has killed an estimated 90,000 people and displaced more than 3.5 million, according to monitoring groups and the United Nations. It has left nearly half of the country’s population of 55 million in need of humanitarian assistance.

“People [in Sagaing] say they have no interest in the election,” said Esther J. “They do not want the military. They want the revolutionary forces to win.”

Shifting battlefield

For much of last year, the Myanmar military appeared to be losing ground.

A coordinated offensive launched in late 2023 by the Three Brotherhood Alliance – a coalition of ethnic armed groups and opposition militias – seized vast areas, nearly pushing the military out of western Rakhine state and capturing a major regional military headquarters in the northeastern city of Lashio, about 120km (75 miles) from the Chinese border. Armed with commercial drones modified to carry bombs, the rebels were soon threatening the country’s second-largest city of Mandalay.

The operation – dubbed 1027 – marked the most significant threat to the military since the 2021 coup.

But the momentum has stalled this year, largely because of China’s intervention.

In April, Beijing brokered a deal in which the Myanmar National Democratic Alliance Army agreed to surrender the city of Lashio, without a single shot being fired. The military subsequently reclaimed key towns in north and central Myanmar, including Nawnghkio, Thabeikkyin, Kyaukme and Hsipaw. In late October, China brokered another agreement for the Ta’ang National Liberation Army to withdraw from the gold mining towns of Mogok and Momeik.

“The Myanmar military is definitely resurgent,” said Morgan Michaels, a research fellow at the International Institute for Strategic Studies (IISS). “If this current trend continues, the Myanmar military could be back in a relatively dominant position in a year or so, maybe two.”

The military turned the tide by launching a conscription drive, expanding its drone fleet and putting more combat credible soldiers in charge. Since announcing mandatory military service in February 2024, it has recruited between 70,000 to 80,000 people, researchers say.

“The conscription drive has been unexpectedly effective,” said Min Zaw Oo, executive director at the Myanmar Institute for Peace and Security. “Economic hardship and political polarisation pushed many young men into the ranks,” he said, with many of the recruits technically adept and serving as snipers and drone operators. “The military’s drone units now outmatch those of the opposition,” he added.

According to the Armed Conflict Location & Event Data Project (ACLED), a monitoring group, air and drone attacks by the military have increased by roughly 30 percent this year. The group recorded 2,602 air attacks that it said killed 1,971 people – the highest toll since the coup. It said Myanmar now ranks third in the world for drone operations, behind only Ukraine and Russia.

China, meanwhile, has applied pressure beyond brokering ceasefires.

According to analysts, Beijing pressed one of the strongest armed ethnic groups, the United Wa State Army, to cut off weapons supplies to other rebels, resulting in ammunition shortages across the country. The opposition forces have also suffered from disunity. “They are as fragmented as ever,” said Michaels of the IISS. “Relationships between these groups are deteriorating, and the ethnic armed organisations are abandoning the People’s Defence Forces,” he said, referring to the opposition militias that mobilised after the coup.

China’s calculations

China, observers say, acted for fear of a state collapse in Myanmar.

“The situation in Myanmar is a ‘hot mess’, and it’s on China’s border,” said Einar Tangen, a Beijing-based analyst at the Centre for International Governance Innovation. Beijing, he said, wants to see peace in Myanmar to protect key trade routes, including the China-Myanmar Economic Corridor that, when completed, will link its landlocked Yunnan province to the Indian Ocean and a deep seaport there.

Tangen said Beijing harbours no love for the military, but sees few alternatives.

Indeed, after the coup, Beijing refrained from normalising relations with Myanmar or recognising coup leader Min Aung Hlaing. But in a sign of shifting policy, Chinese President Xi Jinping met Min Aung Hlaing twice this year. During talks in China’s Tianjin in August, Xi told Min Aung Hlaing that Beijing supports Myanmar in safeguarding its sovereignty, as well as “in unifying all domestic political forces” and “restoring stability and development”.

Tangen said China sees the election as a path to more predictable governance. Russia and India, too, have backed the process, though the UN and several Western nations have called it a “sham”. But Tangen noted that while Western nations denounce the military, they have done little to engage with the rebels. The United States has dealt further blows by cutting off foreign aid and ending visa protections for Myanmar citizens.

“The West is paying lip service to the humanitarian crisis. China’s trying to do something but doesn’t know how to solve it,” Tangen said.

Limited gains, lasting war

The military’s territorial gains, meanwhile, remain modest.

In northern Shan state, Myanmar’s largest, the military has recaptured only 11.3 percent of the territory it had lost, according to the Institute for Strategy and Policy – Myanmar, a think tank. But it is western Rakhine State that remains the “larger and more intense theatre of war”, said Khin Zaw Win, a Yangon-based analyst.

There, the Arakan Army is pushing beyond the borders of the state, overrunning multiple bases, and pushing east in a move that threatens the military’s defence industries. In northern Kachin state, the battle for Bhamo, a gateway to the north, is approaching its first anniversary, while in the southeast, armed groups have taken a “number of important positions along the border with Thailand”, he said.

So the military’s recent gains in other parts were “not that significant”, he added.

ACLED, the war monitor, also described the military’s successes as “limited in the context of the overall conflict”. In a briefing this month, Su Mon, a senior analyst at ACLED, wrote that the military remains in a “weakened position compared to before the 2021 coup and Operation 1027 and is unable to assert effective control over the areas it has recently retaken”.

Still, the gains give the military “more confidence to proceed with the elections”, said Khin Zaw Win.

The military-backed Union Solidarity and Development Party, which has fielded the most candidates, is expected to form the next government. Aung San Suu Kyi’s National League for Democracy has been dissolved, and she remains held incommunicado, while other smaller opposition parties have been barred from participating.

Khin Zaw Win said he does not expect the election to “affect the war to any appreciable extent” and that the military might even be “deluded to go for a complete military victory”.

But on the other hand, China could help de-escalate, he said.

“China’s mediation efforts are geared toward a negotiated settlement,” he noted. “It expects a ‘payoff’ and does not want a protracted war that will harm its larger interests.”

Zaheena Rasheed wrote and reported from Kuala Lumpur, Malaysia, and Cape Diamond reported from Yangon, Myanmar.