ICC Member States: Ensure Accountability For Ongoing International Crimes In Myanmar

(BANGKOK, November 29, 2024)—Several dozen high-ranking officials in the Myanmar military and police could be held criminally liable at the International Criminal Court (ICC) for their role in the “clearance operations” against Rohingya civilians in 2016 and 2017 and for mass atrocity crimes committed after the 2021 coup in Myanmar, said Fortify Rights today. The ICC Prosecutor Karim A.A. Khan announced yesterday that his office is seeking an arrest warrant for Myanmar junta leader Min Aung Hlaing “for the crimes against humanity of deportation and persecution of the Rohingya, committed in Myanmar, and in part in Bangladesh.” This is the first time the Prosecutor’s office has sought an arrest warrant for someone from Myanmar.

The ICC Prosecutor announced that more applications for arrest warrants will follow.

“After a long wait, this is a remarkable step forward for the Rohingya community and the people of Myanmar,” said Zaw Win, Human Rights Specialist at Fortify Rights. “The ICC must now issue arrest warrants for the other perpetrators equally involved in committing genocide against the Rohingya community.”

In July 2018, in a 160-page report, Fortify Rights revealed the identities of 22 high-ranking officials in the Myanmar military and police who could be held criminally liable under Article 28 or Article 25 of the Rome Statute for their role in the violent attacks against Rohingya civilians in 2016 and 2017.

On September 6, 2018, the ICC granted the Chief Prosecutor jurisdiction to investigate and possibly prosecute the crimes against humanity of forced deportation of Rohingya to Bangladesh, as well as persecution and other inhumane acts. It did so based on the facts that Bangladesh is a state party to the ICC, while Myanmar is not, and that forced deportation is a crime necessarily involving two countries.

“I witnessed firsthand the brutal so-called ‘clearance operation,’ where unarmed Rohingya civilians were slaughtered, hundreds of villages were torched, and hundreds of thousands were forcibly deported,” said Ejaz Min Khant, Human Rights Associate at Fortify Rights. “This moment is historic, but to truly honor the victims, decisive action must be taken to apprehend Min Aung Hlaing and end his junta’s reign of terror.”

While Myanmar is not an ICC member state, the National Unity Government (NUG)—the body representing Myanmar’s democratically elected leaders—lodged a 12(3) declaration with the Court’s registrar on July 17, 2021, accepting the Court's jurisdiction for international crimes committed on Myanmar territory since July 1, 2002, and into the future.

However, the Court has not yet acted on the declaration to open an investigation into ongoing mass atrocity crimes occurring throughout Myanmar.

The NUG’s 12(3) declaration allows ICC member states to refer the situation to the Prosecutor under Article 14 of the Rome Statute. No ICC member state has referred the situation in Myanmar to the Prosecutor.

On March 24, 2022, Fortify Rights and the Schell Center for International Human Rights at Yale Law School identified 61 senior Myanmar military and police officials who should be investigated and possibly prosecuted for international crimes committed against Myanmar civilians after the February 2021 coup d’etat. The Myanmar junta murdered, imprisoned, tortured, disappeared, forcibly displaced, and persecuted civilians in acts that amount to crimes against humanity, said Fortify Rights and the Schell Center in the 193-page report.

“The Chief Prosecutor’s request for an arrest warrant for Min Aung Hlaing ignites hope for accountability that has long been dimmed in Myanmar,” said Chit Seng, Human Rights Associate at Fortify Rights. “But this is just the beginning. It is now crucial that justice extends to the ongoing atrocities committed by Min Aung Hlaing’s junta against the Rohingya and multiple other communities throughout Myanmar. The people of Myanmar deserve justice, freedom, and the restoration of democracy.”

From December 2 to 7, ICC member states will meet in The Hague for the annual Assembly of States Parties to discuss the Court's priorities and direction. Fortify Rights said ICC member states should immediately refer the entire situation in Myanmar to the ICC Prosecutor under Article 14 of the Rome Statute.

“The international community must now step up to support accountability for all communities in Myanmar,” said Sai Arkar, Human Rights Associate at Fortify Rights. “This can be done by referring the entire post-coup situation to the ICC under Article 14 of the ICC’s Rome Statute.”

Other human rights defenders from various parts of Myanmar also welcomed the news of the request for an arrest warrant for Min Aung Hlaing:

A spokesperson from the Mayyu Region Human Rights Documentation Center, a Rohingya human rights organization working in Rakhine State, Myanmar, issued the following statement to Fortify Rights:

MHRDC welcomes the ICC’s application for an arrest warrant against Senior General Min Aung Hlaing for the genocidal military offensive against the Rohingya in 2017. The atrocities committed by his regime are beyond words, and the prolonged lack of accountability has left Rohingya refugees unable to return home, while those still in Myanmar endure brutal persecution from both the Myanmar military and the Arakan Army. Holding perpetrators accountable for such grave crimes against humanity is crucial to preventing future atrocities, and MHRDC strongly commends this significant first step.

Tun Khin, President of Burmese Rohingya Organisation UK, a group working for Rohingya rights, told Fortify Rights:

This is a historic step for justice for the Rohingya people. The ICC arrest warrants are a warning for others committing crimes against the Rohingya, including the Arakan Army in Rakhine State.

Swe Lin from Burma War Crimes Investigation, an organization working in Myanmar, said:

This is a significant development for the Rohingya community and our country. As a local organization actively documenting war crimes, we deeply appreciate the ICC’s decision to seek an arrest warrant for Myanmar’s current military leader, Min Aung Hlaing. We firmly believe this action represents a crucial step toward holding perpetrators of war crimes accountable and delivering justice for all victims. The Myanmar junta military has committed numerous war crimes in the aftermath of the coup, causing immense suffering to civilians across the country. We acknowledge and commend the ICC’s commitment to request additional arrest warrants, which demonstrates a resolve to address grave violations of human rights and international law. We demand that governments around the world arrest Min Aung Hlaing as soon as he arrives in their country.

Saw Nanda Hsue of the Karen Human Rights Group, a human rights group working in Karen State, Myanmar said:

We have been calling for ICC accountability for a long time. Min Aung Haing is responsible for ordering crimes across the country. Ethnic minorities, including the Karen people, have been suffering from war crimes and crimes against humanity by the military junta for decades. We really hope accountability becomes a reality.

Dr. Sann Aung, Executive Director of the New Myanmar Foundation based in Mae Sot, Thailand, on the border with Myanmar, told Fortify Rights:

The ICC is taking the right step by issuing an arrest warrant for military leader Min Aung Hlaing, and we applaud this development. The oppression, killings, and torture in Myanmar did not begin in 2017—they have been ongoing for years, affecting all communities across the country. More actions must be taken to address these atrocities comprehensively. It is heartening to see the international community taking this initiative. Their role in encouraging and supporting justice efforts is crucial, and we hope they will continue to do so moving forward.

Banya Khun Aung, Founder of the Karenni Human Rights Group, an organization working in Karenni State, said:

As Karenni Human Rights Group, we welcome this development from the ICC and urge the public to do the same. In a situation where our laws have been unable to address these crimes, the ICC's action marks a pivotal moment. This is proof that perpetrators cannot evade justice indefinitely. It is also a call to action for all of us to continue fighting against those who undermine the rule of law, fundamental human rights, and democracy in our country. I am hopeful that, in time, these perpetrators will face justice and be held accountable under the law.

Lucky Karim, Founder and Director of Refugee Women for Peace and Justice, told Fortify Rights:

I welcome the application for an arrest warrant from ICC Prosecutor Karim Khan. The international community has been silent for too long. Now ASEAN should be supportive and responsive to this. This is a collective responsibility to push forward for a better, sustained, safe return of Rohingya to Myanmar with justice and accountability.

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