ICC prosecutor seeks arrest warrant for Myanmar military leader over Rohingya campaign

THE HAGUE: The prosecutor of the International Criminal Court (ICC) said on Wednesday (Nov 27) he would seek an arrest warrant for Myanmar’s military leader Min Aung Hlaing for crimes against humanity in the alleged persecution of the Rohingya, a mainly Muslim minority.
Myanmar’s ruling junta said in a statement to Reuters that the country was not a member of the court and that it does not recognise its statements.
A million Rohingya fled, most to neighbouring Bangladesh, to escape a Myanmar military offensive launched in August 2017, a campaign that United Nations investigators have described as a textbook example of ethnic cleansing.
Soldiers, police, and Buddhist residents are alleged by UN investigators to have razed hundreds of villages in Myanmar’s remote western Rakhine state, torturing residents as they fled, carrying out mass killings and gang-rapes.
Myanmar has denied the allegations, saying security forces were carrying out legitimate operations against militants who attacked police posts.
Most refugees now live in squalor in camps in Bangladesh.
“He [Min Aung Hlaing] is responsible for orchestrating the genocide against the innocent Rohingya people,” said Mohammed Zubair, a Rohingya researcher living in a Bangladesh refugee camp. “Under his command, the military killed thousands of Rohingya and subjected countless women and girls to horrific acts of sexual violence.”
Seeking a warrant for “the person who holds the highest military position in Myanmar sends a strong message to perpetrators that no one stands above the law,” said Nicholas Koumjian, head of the UN Independent Investigative Mechanism for Myanmar, which assisted the ICC investigation.
A panel of three judges will now decide if they agree there are “reasonable grounds” to believe Min Aung Hlaing bears criminal responsibility for the deportation and persecution of Rohingya in Myanmar and Bangladesh.
There is no set time frame for their decision but it generally takes around three months to rule on a warrant.
The ICC prosecutor’s move comes as his office faces intense political backlash from Washington, among others, over its arrest warrant for Israeli Prime Minister Benjamin Netanyahu and his former defense chief Yoav Gallant.
The prosecutor’s office said it was seeking the warrant after extensive, independent and impartial investigations. More applications for arrest warrants relating to Myanmar will follow, it added.
Myanmar is not a member of the treaty-based ICC, but in 2018 and 2019 rulings judges said the court had jurisdiction over alleged cross-border crimes that partially took place in neighbouring ICC member Bangladesh, and said prosecutors could open a formal investigation.
“This is the first application for an arrest warrant against a high-level Myanmar government official that my Office is filing. More will follow,” the ICC prosecutor’s statement said.
The ICC has been investigating crimes against the Rohingya for nearly five years. Its investigation has not only been hampered by a lack of access to the country but also because Myanmar has been in turmoil since the military ousted an elected government led by Nobel laureate Aung San Suu Kyi in 2021, sparking a resistance movement that began as peaceful protests and later evolved into an armed rebellion on multiple fronts.
Investigators drew on witness testimonies, including from insiders, documentary evidence and authenticated scientific, photographic and video materials.
“The ICC prosecutor’s decision to seek a warrant against Sr. Gen. Min Aung Hlaing comes amid renewed atrocities against Rohingya civilians that echo those suffered seven years ago,” Maria Elena Vignoli, senior international justice counsel at Human Rights Watch said.
“The ICC’s action is an important step toward breaking the cycle of abuses and impunity that has long been a key factor in fuelling the military’s mass violations.”
With 124 member nations, the ICC prosecutes individuals for war crimes, crimes against humanity, genocide and aggression. With no police force to make arrests, it relies on states to do this. It faces a challenge to get Min Aung Hlaing into custody, as he does not travel.
Global powers the United States, Russia, China and India have not signed onto the ICC. It is backed by all of the European Union, Australia, Canada, Britain, Brazil, Japan and dozens of African and Latin American countries.
It has issued several arrest warrants for serving national leaders including Netanyahu, Russian President Vladimir Putin and Sudan’s Omar al-Bashir. So far, only one sitting head of state, Kenya’s Uhuru Kenyatta, who was charged by the ICC before he was elected president in 2013, appeared in court to face charges. The case was later dropped.
Abdul Rahman Yaacob, research fellow at think tank Lowy Institute’s Southeast Asia Program, noted that the Myanmar junta can still travel within most of the region without fear of arrest.
Most of the Association of Southeast Asian Nations (ASEAN) member states are not ICC members themselves, he noted.
“If you look at Myanmar’s international relations, it focuses more on China and Russia. They are not interested to cooperate with the ICC,” he told CNA’s Asia Now programme.
“So I think while on paper, it looks good, the reality on the ground is that I think more needs to be done to take the junta to task.”
Rahman, whose research interests include Southeast Asia’s defence and security issues and the region’s relations with major powers, pointed out that the ICC arrest warrant request could also complicate ASEAN efforts to address the Myanmar issue.
“The junta may decide not to engage the ASEAN representative that much,” he added.
On the other hand, it could also compel the junta to assess the situation and decide it has to work with ASEAN to find solutions, said Rahman.
“I hope with this arrest warrant, it will actually compel or encourage the junta to reassess its treatment of the Rohingya,” he added.