Nearly a million people were forced to flee to neighboring Bangladesh from Myanmar’s Rakhine State to escape the 2017 military crackdown that UN experts have referred to as a “genocidal campaign,” amid evidence of ethnic cleansing, mass rape and killings.
ICC judges authorized an investigation into these events in 2019, saying that there was a “reasonable basis to believe widespread and/or systematic acts of violence may have been committed that could qualify as crimes against humanity.”
Although Myanmar is not a state party, Bangladesh ratified the ICC Rome Stature in 2010, which allows the court to have jurisdiction over some crimes related to the Rohingya because of their cross-border nature.
ICC chief prosecutor Karim Khan announced the application for an arrest warrant for Sr. Gen. Min Aung Hlaing during a visit to Bangladesh, where he met members of the displaced Rohingya population.
“My office is submitting applications to the judges of the pretrial chamber and this first application is for Min Aung Hlaing, the acting president of Myanmar and the head of the Defense Services of Myanmar. Other warrant applications will follow soon,” he said in a video message.
Hlaing took power from Myanmar’s elected leader, Aung San Suu Kyi, in a coup in 2021. Serving as commander in chief of the Tatmadaw, the armed forces of Myanmar, since 2011, he is accused of having directed attacks against Rohingya civilians.
The ICC chief prosecutor’s office said in a statement that Hlaing “bears criminal responsibility for the crimes against humanity of deportation and persecution of the Rohingya, committed in Myanmar, and in part in Bangladesh” between Aug. 25, 2017 and Dec. 31, 2017 by the armed forces, “supported by the national police, the border guard police, as well as non-Rohingya civilians.”
The arrest warrant application “draws upon a wide variety of evidence from numerous sources such as witness testimonies, including from a number of insider witnesses, documentary evidence and authenticated scientific, photographic and video materials,” Khan’s office said.
Khan’s application is the first against a high-level Myanmar government official since the ICC investigation started seven years ago.
Nur Khan, a Bangladeshi lawyer and human rights activist, told Arab News it was a big development in the course of delivering justice to the Rohingya community and paving the way for the repatriation of Rohingya refugees.
“Eventually, it will create psychological pressure on the Myanmar military junta. It will also pave the way for the world to create a sustainable solution to the Rohingya crisis, ensuring reparation with rights, dignity, and citizenship,” he said.
In 2022, the International Court of Justice, the UN’s top court, started a separate case brought by Gambia, which accused Myanmar of genocide against the Rohingya. Five European countries and Canada have backed the proceedings.
“It’s true that a genocide had been conducted aiming to completely wipe out the Rohingya, and the Myanmar military has committed this crime. The Rohingya have been demanding for many years that those who are responsible for this genocide should be brought to trial,” Nur Khan said.
“We want to remain hopeful that this process will be expedited and that the Rohingya will get back their rights soon.”
