Staff Reporter :
Prosecutor of the International Criminal Court (ICC) Karim AA Khan has requested an arrest warrant for Myanmar’s military commander-in-chief, Senior General Min Aung Hlaing, for alleged crimes against humanity, including the deportation and persecution of the Rohingya people.
In a statement issued on Wednesday, Khan stated, “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.”
Human Rights Watch (HRW) welcomed the move, describing it as a significant step towards justice for the Rohingya population, who sought refuge in Bangladesh after the military’s brutal campaign in 2017. Khan explained that the alleged crimes occurred between 25 August 2017 and 31 December 2017, involving Myanmar’s armed forces, the Tatmadaw, supported by the national police, border guard police, and non-Rohingya civilians.
“My Office is filing an application for a warrant of arrest before Pre-Trial Chamber I of the ICC in the Situation in Bangladesh/Myanmar,” Khan said. He emphasised that it is now up to the ICC judges to assess whether the application meets the legal threshold for issuing an arrest warrant.
“In doing so, we will demonstrate, together with our partners, that the Rohingya have not been forgotten, and that they, like all people worldwide, are entitled to the protection of the law.”
During his visit to Bangladesh from 25 to 28 November, Khan met with the Rohingya community at the Kutupalong refugee camp, discussing the ongoing efforts to secure justice.
Maria Elena Vignoli, Senior International Justice Counsel at HRW, commented, “The ICC prosecutor’s request for an arrest warrant sends a clear message to Myanmar’s military leaders that they are not above the law. It also assures the Rohingya community that their pursuit of justice remains a priority.”
In August 2017, Myanmar’s security forces launched a violent campaign involving massacres, rape, and arson in northern Rakhine State, driving more than 700,000 Rohingya into Bangladesh. Human Rights Watch has concluded that these atrocities constitute crimes against humanity and acts of genocide.
Although Myanmar is not an ICC member state, the court opened an investigation in 2019 into crimes committed at least partly in Bangladesh, which is a member state.
The ICC’s jurisdiction is typically limited to crimes committed on the territory of member states or by their nationals unless referred by the UN Security Council or accepted by the non-member state.
If the ICC judges approve the warrant, member countries will be legally obligated to arrest Min Aung Hlaing should he enter their territories. The ICC does not permit trials in absentia. No deadline has been set for the judges’ decision.
Despite the gravity of the crimes, no one has yet been held accountable for the 2016-2017 atrocities against the Rohingya. The UN Security Council has remained divided, with anticipated vetoes from China and Russia blocking any referral of Myanmar’s situation to the ICC.
In December 2022, the Council condemned the military’s post-coup abuses but failed to implement concrete measures.
HRW has reported that the junta’s systematic abuses in Rakhine State amount to the crimes against humanity of apartheid, persecution, and severe deprivation of liberty.
An estimated 630,000 Rohingya remaining in Myanmar continue to face serious threats. “ICC member states should fully support the court and uphold its independent global mandate,” Vignoli urged.
