As the International Court of Justice (ICJ) commences hearings for a landmark case brought by the Gambia, which accuses Myanmar of committing genocide against the Rohingya ethnic minority, the Gambia’s legal team have highlighted anti-Rohingya propaganda from the prominent senior Buddhist monk Sitagu Sayadaw. The evidence, lawyers say, “provided absolution for genocide.” In the sermon, Sitagu Sayadaw, who previously served as vice chairman of the ultranationalist group Ma Ba Tha, asserted that “those who do not follow the Buddhist teaching do not know good or bad, which is the nature of animals.” (YouTube)

Public hearings opened in The Hague on Monday. Fourteen ICJ judges from five continents are hearing three weeks of testimony to weigh allegations of violations of the Genocide Convention over the military’s treatment of Myanmar’s Rohingya Muslim minority. A military-led crackdown in 2016–17 saw many hundreds of thousands of Rohingya flee violence at the hands of Myanmar’s army and Buddhist militias, escaping to neighboring Bangladesh and bringing with them harrowing accounts of systematic killings, gang rapes, and arson during state-sanctioned “clearance operations.” The Gambia, a predominantly Muslim country in West African, filed the case in 2019 with the support of 57 members of the Organisation of Islamic Cooperation.

“After six long years, Burma [Myanmar] will finally have to answer before the court for the crimes of 2017,” said the president of the Burmese Rohingya Organisation UK (BROUK), Tun Khin. “But the genocide against the Rohingya has far from ended. Rohingya continue to face atrocities, war crimes, and crimes against humanity in Rakhine State, while more than one million people remain forcibly displaced and denied their right to return home.” (Relief Web)

As the ICJ hearings continued on Tuesday, the Gambia highlighted an incendiary sermon given by the prominent but ultranationalist Buddhist monk Sitagu Sayadaw, 89, who is allied with Myanmar’s ruing junta. The Gambia’s legal team argued that the Myanmar military “heavily disseminated” the sermon over social media during 2017 to encourage the military to massacre members of the Rohingya minority in western Myanmar during clearance operations.

“The message was clear: it is not a sin to kill Rohingya because they are not Buddhists . . . because they are not Buddhists, they are like animals,” Gambia’s lawyer told the court, continuing:

“[Sitagu] delivered his speech at a military training garrison. And in his speech, he provided absolution for genocide. Sitagu recounted the following parable, quote: ‘There were about 500,000 non-religious and evil soldiers who died in the war. Because of that, the king was not able to sleep at night since in Buddhism killing humans is one of the worst sins. The eight monks who knew about this told the king, “Don’t worry Your Highness, not a single one of those you killed was Buddhist; they did not follow the Buddhist teachings and therefore they did not know what was good or bad. Not knowing good or bad is the nature of animals. Of the 500,000 you killed, only one-and-a-half [thousand] were worth to be humans [sic]. Therefore it is a small sin and does not deserve your worry.”’ End quote.” (YouTube)

Myanmar has witnessed a steady increase in nationalist sentiment, bolstered by growth in a number of ultra-nationalist religious organizations such as Ma Ba Tha (The Patriotic Association of Myanmar), a collective of hardline Buddhist abbots and influential monks founded in 2013, actively fueling religious divisions in Myanmar, especially toward the Rohingya minority. However, major figures from Myanmar’s mainstream political and religious communities, including the State Sangha Maha Nayaka Committee of the country’s most senior Buddhist monks, have publicly spoken out against Ma Ba Tha, saying the group’s policies are not representative of the country’s Buddhist sangha and do not reflect the essence of Buddhism.

Religious tensions in Myanmar between Buddhists and Muslims have simmered for almost half a century, but came to a head with violent clashes in 2012 that killed more than 100 people. Rakhine State is one of the most sensitive and conflict-prone regions in Myanmar, particularly since outbreaks of anti-Muslim violence in 2012 and 2013, following which 140,000 people, most of them Rohingya Muslims, were displaced. 

Most Rohingya were placed in squalid resettlement camps where they were subject to severe restrictions, with limited access to education, healthcare, or employment opportunities, although the deadly outbreaks of violence and military action saw hundreds of thousands of Rohingya flee to neighboring Bangladesh. Today, 1.17 million Rohingya live in makeshift refugee camps spread over 32 square kilometers in Cox’s Bazar, Bangladesh.

“To fully address the scale of the crimes against the Rohingya, it is key to seek justice and accountability through different avenues,” said BROUK’s Tun Khin. “This case and the pursuit of justice are not only about accountability for past atrocities, but about preventing future ones.” (Human Rights Watch)

This is the first genocide case that the ICJ has heard in full in more than a decade. Legal experts speculate that the course of the case against Myanmar could also provide clues as to how the court might handle a similar case brought by South Africa against Israel over its military campaign in Gaza.

“After decades of breaking international law with impunity, the significance of the Burmese military finally being forced to defend itself before a court cannot be underestimated,” said Tun Khin. “Being heard before the [ICJ] brings recognition after years of denial and erasure. But justice requires more than hearings. It requires an end to the ongoing genocide, accountability for all perpetrators and the full restoration of Rohingya rights.” (Relief Web)

On 1 February 2021, Myanmar’s military declared a state of emergency after detaining President Win Myint, State Counselor Aung San Suu Kyi, and other members of the governing National League for Democracy (NLD) party. The coup d’état took place just hours before the country’s new parliament was due to convene following a general election in November 2020, during which the NLD made substantial electoral gains.

The military-led State Administrative Council has consolidated its hold on power in the wake of the coup by conducting violent crackdowns on public dissent and street demonstrations. Even the country’s venerated monastic sangha have found themselves in the military’s crosshairs.**

Despite extensive violent suppression, the junta continues to face widespread opposition to its rule. Crackdowns on peaceful protests and a civil disobedience movement (CDM) have resulted in a rise in armed civilian resistance, often with support from existing ethnic militia groups. 

Myanmar is a predominantly Theravada Buddhist country, with 89.8 per cent of the population identifying as Buddhists, according to census data for 2016. Christians make up 6.3 per cent, Muslims 2.3 per cent, and Hindus 0.5 per cent, with tribal and other religions comprising 1 per cent. Groups representing all religious communities—including monastics and clergy—have taken to the streets and demonstrated against the military takeover.

In 2007, Buddhist monastics stood at the forefront of pro-democracy protests against the previous military junta. The movement, known as the Saffron Revolution, helped to bolster grassroots support among the general population. Buddhist monks in Myanmar are estimated to number in excess of 500,000, mainly centered in and around the cities of Yangon and Mandalay, along with some 75,000 Buddhist nuns.*

Since the 2021 coup, armed conflict between Myanmar’s security forces and opposition forces and ethnic armed groups has engulfed much of the country, with security forces committing grave abuses, including airstrikes against civilians in multiple ethnic areas.

* 80-Year-Old Monk Becomes a Symbol of Hope for Myanmar Buddhists (BDG)

** Buddhist Monastics Targeted in Ongoing Crackdown by Myanmar’s Military Junta (BDG), Myanmar Junta Drops Plan to Place Buddhist Monks on Military Roadblocks (BDG)

See more

UN World Court begins landmark hearings on Rohingya genocide case against Myanmar (United Nations)
Burma faces the ICJ as atrocities against the Rohingya continue (Relief Web)
Myanmar: Critical Hearings in Rohingya Genocide Case (Human Rights Watch)
Rohingya ‘targeted for destruction’ by Myanmar, ICJ hears (The Irrawaddy)

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At least 32 Killed, 50 Injured During Myanmar Military Strike on Buddhist Festival
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Myanmar Junta Has Destroyed Over 100 Buddhist Monasteries, Christian Churches – Report
Four Buddhist Monks Killed During Military Strike in Myanmar
Hundreds of Buddhist Monks Flee Temples in Eastern Myanmar as Violence Escalates
Buddhist Monks March in Opposition to Military Coup in Myanmar

UPDATE: INEB Calls for Reconciliation in Myanmar as Pro-democracy Protests Turn Violent
International Network of Engaged Buddhists Issues Statement Urging Compassion and an End to Violence in Myanmar
UPDATE: Socially Engaged Buddhist Groups Deliver Medical Relief to Pro-democracy Protestors in Myanmar
INEB, Clear View Project Launch Humanitarian Appeal for Buddhist Monastics in Myanmar

Engaged Buddhism: Ven. Pomnyun Sunim and JTS Volunteers Bring 6 Million Bars of Soap to Rohingya Refugees in Bangladesh
Engaged Buddhism: Ven. Pomnyun Sunim and JTS Volunteers Bring 100,000 Gas Stoves to Rohingya Refugees in Bangladesh
UPDATE: Buddhist Relief from JTS Korea Transforming the Lives of Rohingya Refugees

Related features from BDG

The Other Shoe Drops: Reflections on Myanmar’s Latest Coup
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Myanmar: A Month into the Coup
Sea of Suffering: The Rohingya and the Conundrum of Buddhist Terror