ICC prosecutor seeks arrest warrant for Myanmar’s military leader

The chief prosecutor of the International Criminal Court (ICC) is seeking an arrest warrant for Myanmar’s military leader for crimes committed against the persecuted Rohingya minority group.

In his request for the warrant, ICC chief prosecutor Karim Khan alleged that Senior Gen. Min Aung Hlaing “bears criminal responsibility for the crimes against humanity of deportation and persecution of the Rohingya” in both Myanmar and parts of Bangladesh between August 25 and December 31, 2017.

As a result of the violence, the ICC estimated that more than one million Rohingya were forcibly displaced from Myanmar — many fleeing to neighboring Bangladesh.

Min Aung Hlaing is the leader of Myanmar’s powerful military, known as the Tatmadaw, which seized power in 2021. Since then, he has served as the military ruler of the country.

The investigation, which has been in development since 2019, implicates “the armed forces of Myanmar, the Tatmadaw, supported by the national police, the border guard police, as well as non-Rohingya civilians,” Khan said in a statement.

Myanmar has routinely defended itself from accusations of genocide, saying its crackdown was aimed at Rohingya rebels who had carried out attacks.

Khan made multiple visits to Cox’s Bazar, Bangladesh, where he heard testimonies from various Rohingya refugees who he said made urgent pleas for justice to be reached.

The request from Khan is pending approval from the ICC judges before it can be enacted.

But even If the warrant is approved, the ICC could be limited in its jurisdiction as Myanmar is not among the 123 member states of the court. However, member countries could be obligated to transfer Min Aung Hlaing into ICC custody if he enters their territory after the warrant is issued.

Khan added that the court will remain focused on obtaining a warrant in the coming weeks and months and will file additional applications for arrest on the matter.

“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,” Khan said.

Khan’s application was welcomed by rights groups. Human Rights Watch (HRW) applauded it as a step toward accountability and ending “decades of impunity.”

Past United Nations investigations have presented evidence that the military carried out mass rapes, murders, and set fire to villages. It has also called for the country’s generals to face an international tribunal on charges of genocide,

The UN’s former High Commissioner for Human Rights Zeid Ra’ad Al Hussein said in 2017 the military operation against the Rohingya appears to be a “textbook example of ethnic cleansing.”

In 2020, the International Court of Justice (ICJ) enacted provisional measures compelling Myanmar to prevent acts of genocide against the Rohingya.