The chief prosecutor at the International Criminal Court (ICC) filed [7] an application Nov. 27 for an arrest warrant against Gen. Min Aung Hlaing, ruling military chief of Myanmar (Burma), on charges of crimes against humanity. ICC Prosecutor Karim AA Khan KC announced the move, citing "reasonable grounds to believe" that Min Aung Hlaing [8] bears criminal responsibility for the deportation and persecution of Rohingya Muslims beginning in 2017. "The crimes were committed by the armed forces of Myanmar, the Tatmadaw, supported by the national police, the border guard police, as well as non-Rohingya civilians," Khan said in a statement.
The application is the first against a high-level Myanmar government official. It is based on evidence from numerous sources, including witness testimonies and authenticated foresnic, photographic and video materials.
Khan expressed his gratitude to the Rohingya community, who have in large part been forced to flee violence in Myanmar, for their support and testimony. "We are grateful to all those who provided testimony and support to my Office, those that have shared their stories, those that have given us information and material," he said.
"We will continue to focus on this situation in the coming weeks and months as we submit additional applications," Khan added. "We will be demonstrating, together with all of our partners, that the Rohingya have not been forgotten. That they, like all people around the world, are entitled to the protection of the law."
The ICC's move has been welcomed by human rights groups and Rohingya activists, who have long called for accountability for the atrocities committed against them. Sayedul Karim, director of the Rohingya Justice Initiative [10]—the only initiative owned and operated by Rohingya human rights defenders to provide evidence to the ICC, the International Investigative Mechanism for Myanmar [11], and the International Court of Justice —told JURIST:
Despite the prolonged suffering and trauma experienced by the Rohingya community in the aftermath of conflict, the arrest warrants in the International Criminal Court (ICC) case offers a glimmer of hope to the Rohingya people. The fact that justice has been delayed does not necessarily mean it will be denied. Our tireless efforts to seek justice for our people are helping to rebuild hope and resilience within the Rohingya community.
This latest development in the ICC case serves as a powerful reminder that the Rohingya people have not been forgotten. It demonstrates that evidence matters and that those responsible for atrocities will be held accountable.
The ICC Prosecutor's application for an arrest warrant for General Min Aung Hlaing is a significant step forward, regenerating hope that justice will ultimately be served to the Rohingya people. This progress shows that perpetrators will not go unpunished, and we look forward to seeing those responsible brought to account for their actions.
Tun Khin, president of the Burmese Rohingya Organisation in the United Kingdom, also commented [12]: "This is a day of celebration not just for Rohingya, but for everyone from Burma."
The ICC's judges will now consider the application and determine whether to issue an arrest warrant. If issued, the warrant would mark a significant development in the pursuit of accountability for crimes committed against the Rohingya.
From JURIST [13], Nov. 27. Used with permission.
Note: Although Myanmar is not an ICC member country, in 2019 the ICC prosecutor opened an investigation [14] into alleged grave crimes against the Rohingya population that were committed, at least in part, in Bangladesh or another ICC member country. (HRW [15])
See our last reports on the Rohingya [16] and the ICC case [17].
