Seize Momentum For Justice Created By Application For ICC Arrest Warrant Against Myanmar Junta Leader: UN Expert

GENEVA (16 December 2024) – The International Criminal Court (ICC) Prosecutor Karim A.A. Khan’s decision to request an arrest warrant for Myanmar military commander-in-chief, Min Aung Hlaing can build momentum for justice and hope if it is seized and built upon now, a UN expert said today, following meetings in The Hague with Khan and his team.

“The Prosecutor’s decision to request an arrest warrant for Min Aung Hlaing in relation to his crimes against the Rohingya was a long-awaited and critical step forward,” said Tom Andrews, UN Special Rapporteur on the human rights situation in Myanmar.

“There is not a moment to lose to move the wheels of justice forward. I am encouraged by the Prosecutor’s commitment to requesting further warrants and that this will be done as soon as possible. It is critical that governments lend their full support to enforcing them,” he said.

Andrews said this was an important moment for victims of the 2017 attacks against the Rohingya, who have waited for justice for far too long.

“Min Aung Hlaing is not only accused of atrocity crimes against the Rohingya, he is also responsible for ongoing war crimes and crimes against humanity throughout Myanmar. He must be stopped and held accountable,” he said.

On 27 November, ICC Prosecutor Khan, speaking in Bangladesh, announced that his office had filed an application for an arrest warrant for Min Aung Hlaing in relation to the crimes against humanity of deportation and persecution of the Rohingya. He stated that the alleged crimes, which took place between August and December 2017, were committed in part in the territory of Bangladesh, which is State Party to the ICC. Such crimes therefore fall within the Court’s jurisdiction. Myanmar itself is not a State Party to the ICC, and the Security Council has not referred the situation in Myanmar to the Court.

“Unfortunately, because of the jurisdictional limitations on the Court the Prosecutor’s case does not address the full breadth of atrocities committed against the Rohingya, the ongoing international crimes committed by the junta since the February 2021 military coup, nor the historic crimes perpetrated by the military against pro-democracy activists and ethnic groups,” Andrews said.

He reiterated his call for governments to support universal jurisdiction cases concerning Myanmar in competent national courts and for States Parties to the ICC to consider referring the situation in Myanmar to the Prosecutor under Article 14 of the Rome Statute, further to the declaration made by the National Unity Government accepting the Court’s jurisdiction.

“All States that continue to engage with the junta should be re-evaluating their relationship with the Senior General in light of the Prosecutor’s application for an arrest warrant,” the Special Rapporteur said.

“Min Aung Hlaing is on notice that he and his brutal military junta can’t hide from justice,” Andrews said. “But the international community must act swiftly. The Prosecutor’s recent decision is an important step forward, but much more needs to be done to ensure robust accountability for the staggering catalogue of crimes committed in Myanmar.”

Tom Andrews (United States of America) is the Special Rapporteur on the situation of human rights in Myanmar.

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