Min Aung Hlaing is accused of persecution and genocide against the Rohingya minority, a majority Muslim population
The prosecutor’s office of the ICC (International Criminal Court), in The Hague, in the Netherlands, announced this Wednesday (27.Nov.2024) that it will request the court for an arrest warrant against General Min Aung Hlaing. Myanmar’s military leader is accused of crimes against humanity. The accusation involves persecution and genocide against the Rohingya minority, a majority Muslim population, as reported by .
Now, the arrest request will be analyzed by 3 judges at the Hague Court. They will decide whether there is sufficient basis to issue the warrant. This process, however, can take up to 3 months. “The action shows that no one is above the law”declared Nicholas Koumjian, head of the UN Independent Investigative Mechanism for Myanmar.
The military offensive against the Rohingya began in August 2017. As a result, more than 1 million people fled to Bangladesh. The UN described the action as a case of “ethnic cleansing”. Reports indicate that soldiers, security forces and Buddhist villagers have destroyed hundreds of villages in Rakhine, western Myanmar. Witnesses also reported mass killings, torture and sexual violence.
For his leadership of operations, Min Aung Hlaing faces the most serious charges. “He is primarily responsible for the genocide against the Rohingya people,” said Mohammed Zubair, a researcher on the Rohingya minority, who lives in a refugee camp in Bangladesh.
Despite these accusations, Myanmar’s military government rejects the ICC’s jurisdiction. According to authorities, the country is not a member of the court and therefore does not recognize its decisions.
The ICC prosecutor’s request comes at a time of political tensions. Countries such as the United States reacted negatively following the arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
Although Myanmar is not a signatory to the ICC, previous rulings guarantee the court’s jurisdiction. Cross-border crimes that occurred in Bangladesh, a member country of the ICC, justified the advancement of the formal investigation, which began in 2019.
Ongoing investigations
The ICC faces logistical and political challenges. The investigation into crimes against the Rohingya is based on authenticated statements, documents and audiovisual materials. However, political instability in Myanmar has worsened since the 2021 military coup, which deposed the government of Aung San Suu Kyi. This situation has made the work of investigators even more difficult.
Currently, the Court has 124 member countries and judges war crimes, genocide and crimes against humanity. However, the absence of great powers, such as the United States, China, Russia and India, among the signatories limits its global action. Furthermore, the court depends on the cooperation of States to carry out arrests, as it does not have its own police force.
