Foley Hoag is leading the representation of The Gambia in its case against Myanmar for the Rohingya genocide. The oral hearings on the merits of the case opened today in The Hague at the International Court of Justice (ICJ) and will continue until January 29.

The merits hearing will focus on The Gambia’s allegations that Myanmar committed brutal acts of genocide against the Rohingya people during military operations in 2016-2018. Those acts of genocide include mass executions, indiscriminate killings of thousands of innocent civilians including women and children, pervasive acts of sexual and gender-based violence, and the deliberate burning and destruction of hundreds of villages across northern Rakhine State in Myanmar.

The Gambia, led by its Agent Attorney General and Minister of Justice Dawda Jallow, filed this case in November 2019 under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The Gambia secured a unanimous provisional measures order from the ICJ in January 2020 ordering Myanmar to cease its genocidal acts. The Gambia also secured a near unanimous judgment upholding the Court’s jurisdiction over the case in July 2022.

The Gambia is seeking a judgment on the merits holding Myanmar accountable for its violations of the Genocide Convention, and is seeking restitution and compensation for the victims.

The legal team is led by Arsalan Suleman, partner in Foley Hoag’s International Litigation and Arbitration Department, and includes Partners Andrew Loewenstein, Tafadzwa Pasipanodya, Special Counsel Professor Pierre d’Argent, Associates Diem Huong Ho, Yasmin Al Ameen, and Sun Young Hwang, co-counsel Professor Philippe Sands and Paul Reichler of 11KBW, Jessica Jones of Matrix Chambers, and Alejandra Torres Camprubi of Torres Iuris, and Gambian State Counsel Chalis Njai and Mariama Ngum. The team is also supported by Paralegal Jennifer Schoppmann and Legal Assistant Nancy Lopez.