Arrest warrant sought for Myanmar Commander-in-Chief for Rohingya crimes

The move, announced on Wednesday, follows a comprehensive investigation by the ICC into the 2016 and 2017 waves of violence in Myanmar’s Rakhine province targeting the minority Muslim Rohingya community.

The Prosecutor of the International Criminal Court (ICC) has filed an application for an arrest warrant against Senior General Min Aung Hlaing, Commander-in-Chief of Myanmar's armed forces and Acting President, alleging his involvement in crimes against humanity targeting the Rohingya population.

The move, announced on Wednesday, follows a comprehensive investigation by the ICC into the 2016 and 2017 waves of violence in Myanmar's Rakhine province targeting the minority Muslim Rohingya community.

"My Office has concluded that there are reasonable grounds to believe that Senior General and Acting President Min Aung Hlaing bears criminal responsibility for the crimes against humanity of deportation and persecution of the Rohingya, committed in Myanmar, and in part in Bangladesh," ICC Prosecutor Karim Khan said in a statement.

The charges stem from alleged crimes committed between 25 August and 31 December 2017 by Myanmar's armed forces, known as the Tatmadaw, in coordination with police forces, border guards and some non-Rohingya civilians.

Senior General Min Aung Hlaing has been in power since February 2021, when the military overthrew the elected government in Myanmar arresting hundreds of officials, political leaders and activists.

Countless accounts of atrocities

In addition to driving over one million Rohingya to flee their homes and seek refuge in Bangladesh, there were countless accounts of atrocities, including systematic killings of some 10,000 Rohingya men, women, children and newborns.

There were also horrific reports of gender-based violence against women and girls, including rape and sexual violence, and more than 300 villages were burnt to the ground.

The then UN High Commissioner for Human Rights, Zeid Ra'ad al-Hussein, called the brutal campaign a "textbook example of ethnic cleansing."

First application, more to follow

"This is the first application for an arrest warrant against a high-level Myanmar government official that my Office is filing. More will follow," Mr. Khan stated.

The Prosecutor's case is built on extensive evidence, including testimonies from insider witnesses, documentary proof and scientific and visual materials, gathered with support from states, civil society, and international organizations.

Mr. Khan expressed his appreciation for the "confidence and the steadfast commitment" from the Rohingya community for their cooperation. He also noted that the support of Government of Bangladesh, and the cooperation of the UN Independent Investigative Mechanism for Myanmar (IIMM) has been essential to advancing the investigation.

He also highlighted his visits to refugee camps in Cox's Bazar, southern Bangladesh, where he engaged with survivors, youth activists and elders who shared their stories and demanded justice.

"Our work, the work of the International Criminal Court, seeks to vindicate their resilience and their hope in the power of the law," he said.

During his first visit to Cox's Bazar in February 2022, Mr. Khan announced plans to accelerate investigations and provide additional resources. He emphasized that today's developments reflected that renewed focus.

No one above the law

Reacting to the ICC Prosecutor's request, Nicholas Koumjian, Head of the Independent Investigative Mechanism for Myanmar (IIMM), underscored the significance of the move in the fight for justice.

"This application for an arrest 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," Mr. Koumjian said.

The IIMM was established by the UN Human Rights Council in 2018 to collect and preserve evidence of serious international crimes committed in Myanmar since 2011 in support of justice and accountability efforts, including potential prosecutions in national, regional, and international courts.

Next stepsThe decision to issue the arrest warrant now rests with the ICC's Pre-Trial Chamber I judges, who will determine if the evidence meets the threshold for action. If approved, the Prosecutor will work with the ICC Registrar to coordinate efforts for Min Aung Hlaing's arrest.

Mr. Khan reiterated his commitment to justice for the Rohingya, vowing to submit additional applications in the coming months.

"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."

About the ICC

The International Criminal Court (ICC) is not part of the United Nations, but they have a cooperative and complementary relationship.

The ICC is an independent judicial body established by the Rome Statute, which was adopted in 1998 and came into force in 2002.

The Court was established to address serious international crimes and ensure accountability when national justice systems are unable or unwilling to act.

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