The International Court of Justice (ICJ) will hand down its judgment in The Gambia v. Myanmar next week, on Thursday 19th November 2026. It promises to be a landmark decision that will radically change the way courts decide whether or not genocide has been committed.
Alert: Is the ICJ about to change the rules on Genocide?
The International Court of Justice (ICJ) will hand down its judgment in The Gambia v. Myanmar next week, on Thursday 19th November 2026. It promises to be a landmark decision that will radically change the way courts decide whether or not genocide has been committed.
The Court has been asked by The Netherlands, Germany, France, UK, Denmark and Canada to lower the threshold of genocide, and to apply a “holistic” approach to deciding whether or not there is genocidal intent.
A number of experts warn of dire consequences of this approach.
A “holistic” test for genocidal intent would blur the line between war and genocide. It will expose NATO and other Western states that are engaged in legitimate counter-terrorism operations to unwarranted genocide claims. It will deter states from supporting peace-keeping operations.
Some commentators also argue that the Myanmar case is being “used” in order that the Court will be able to condemn Israel for genocide in the South Africa vs Israel genocide case, which is still pending.
This landmark decision will radically change the way courts decide whether or not genocide has been committed.
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Position Paper
1. One test, not two.
2. IHL assessment comes first.
3. No reversal of the burden of proof.
4. Due process and equality of arms in court.
thinc. takes no position on the facts of the case: our concern is to protect the integrity of legal standards.
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