Ending Genocidal Impunity in Myanmar

December 8th, 2024  •  Author:   Progressive Voice  •  7 minute read
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“600,000 Rohingya remaining in Rakhine State are currently being targeted with atrocities by both the Burmese military and the Arakan Army.”

Women's Peace Network

In a remarkable development, the Chief Prosecutor of International Criminal Court (ICC) has applied for an arrest warrant for Min Aung Hlaing, the Commander-in-Chief of the Myanmar military, for crimes committed against Rohingya. This long-overdue move marks a pivotal step towards justice and accountability—not only for the Rohingya, but for all peoples of Myanmar. It also underlines the urgent need for accountability for war crimes, crimes against humanity, and genocide targeting countless victims and survivors from Rohingya and other ethnic communities. The international community must now take concrete action, pushing for the swift issuance of an ICC arrest warrant for Min Aung Hlaing and other top military leaders, to halt ongoing atrocities against the Rohingya and ensure their immediate protection.

Min Aung Hlaing’s well-documented crimes against the Rohingya community are among the most horrific human rights violations of our time. The Myanmar military’s “clearance operations” against the Rohingya in 2017—including mass killings, widespread sexual violence, mass rape, and forced displacement—led to an exodus of over 742,000 Rohingya to Bangladesh. Since then, the military has continued its campaign of violence, targeting the Rohingya and other ethnic and religious communities with carte blanche impunity. The overwhelming evidence of international crimes against the Rohingya, meticulously documented by local and international human rights organizations, the Independent International Fact-Finding Mission on Myanmar, and the Independent Investigative Mechanism for Myanmar, leaves no doubt: Genocide has been committed by the Myanmar military.

While the application for an arrest warrant is a step in the right direction, the ICC Prosecutor’s application mistakenly refers to Min Aung Hlaing as the “Acting President” of Myanmar, a title that is both factually and ethically wrong. Since the illegal coup attempt in February 2021, Min Aung Hlaing’s role as head of the junta completely lacks any legitimacy and legality. Min Aung Hlaing must be labeled for what he is: an international criminal. Referring to him as “Acting President” risks lending him unwarranted legitimacy. Such misrepresentation undermines the Myanmar people’s struggle for democracy and justice, and dismisses the sacrifices of the thousands who have lost their lives in the fight for these causes.

To date, the Rohingya community continues to be the targets of the Myanmar military’s brutal terror campaign, enduring years of systemic persecution and denial of their basic human rights. As Women’s Peace Network noted, “600,000 Rohingya remaining in Rakhine State are currently being targeted with atrocities by both the Burmese military and the Arakan Army.” Meanwhile, life in the refugee camps in Bangladesh has reached an inhuman state and constant deterioration, with over one million Rohingya living without access to necessities or a sense of security. As one Rohingya refugee poignantly stated, “Being refugees, it’s not happy for us to live in this kind of situation — there is no proper shelter, no proper food, there is no proper education and no proper facilities that a human being deserves.”

Yet, despite facing unimaginable suffering, Rohingya human rights defenders and advocates continue to call for justice, offering a powerful reminder of the need for global solidarity and action.

The ICC Prosecutor move is a crucial step towards justice—not just for the Rohingya community but for all peoples of Myanmar. Holding the Myanmar military accountable for its crimes against the Rohingya will pave the way for addressing its decades of international crimes against other ethnic and religious communities. It sends a strong message to perpetrators of mass atrocity crimes: Impunity will not prevail. It offers a glimmer of hope for the millions of victims and survivors across Myanmar who have suffered from the military’s war of terror. However, justice must be swift, decisive, and comprehensive, holding to account not just Min Aung Hlaing but all those who have aided, abetted, enabled, and committed these crimes.

In this critical moment, the ICC’s Pre-Trial Chamber I must promptly issue the arrest warrant against Min Aung Hlaing. Furthermore, State Parties to the Rome Statute must urgently request the ICC Prosecutor to investigate the crisis in Myanmar under the Statute’s Article 14. All international actors, including UN agencies and the Association of Southeast Asian Nations (ASEAN), must end all engagement and collaboration with the military junta at all levels, including with Min Aung Hlaing. Only through such unified and resolute action can justice and accountability be achieved for the Rohingya and all the peoples of Myanmar.

The ICC’s investigation into the Myanmar military’s crimes against humanity of deportation and persecution of the Rohingya marks a turning point in the fight against impunity—only if it is followed by concrete and coordinated action. The global community must seize and sustain the momentum, and ensure that Min Aung Hlaing and his accomplices face justice for their heinous crimes. This is not merely about holding one man accountable; it is about preventing further war crimes, crimes against humanity, and genocide, restoring hope and dignity to victims and survivors, and charting a path toward a just, safe, and inclusive Myanmar for all.

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[1] One year following the 1988 pro-democracy uprising, the former military junta changed the country’s name from Burma to Myanmar overnight. Progressive Voice uses the term ‘Myanmar’ in acknowledgement that most people of the country use this term. However, the deception of inclusiveness and the historical process of coercion by the former State Peace and Development Council military regime into usage of ‘Myanmar’ rather than ‘Burma’ without the consent of the people is recognized and not forgotten. Thus, under certain circumstances, ‘Burma’ is used.


Resources from the past week

actions

Statements and Press Releases

Asia Justice Coalition welcomes the application for arrest warrant in the situation of Bangladesh/Myanmar at the International Criminal Court

By Asia Justice Coalition

Burma Campaign UK Welcomes ICC Application for Min Aung Hlaing Arrest Warrant

By Burma Campaign UK

BROUK Welcomes ICC Min Aung Hlaing Arrest Warrant Application

By Burmese Rohingya Organisation UK

ICC Member States: Ensure Accountability for Ongoing International Crimes in Myanmar

By Fortify Rights

The Human Rights Foundation of Monland Releases Fourth Report in the “Voice Up” Series: A Gendered Overview of the Human Rights Situation in Southeastern Burma September – November 2024

By Human Rights Foundation of Monland

​​Reaction to ICC Prosecutor’s request for arrest warrant for Min Aung Hlaing

By Independent Investigative Mechanism for Myanmar

မင်းအောင်လှိုင်အား ဖမ်းဝရမ်းထုတ်ရန် အိုင်စီစီ တရားလိုရှေ့နေ၏ တောင်းဆိုမှုအား တုံ့ပြန်ချက်

By Independent Investigative Mechanism for Myanmar

Statement of ICC Prosecutor Karim A.A. Khan KC: Application for an arrest warrant in the situation in Bangladesh/Myanmar

By International Criminal Court

အပြည်ပြည်ဆိုင်ရာ ရာဇ၀တ်တရားရုံးတော်မှ တရားလိုရှေ့နေကြီး ကာရင်(မ်) အေ အေ ခန်း (ကေစီ)၏ ထုတ်ပြန် ကြေညာချက်။ ဘင်္ဂလားဒေ့ရှ် / မြန်မာနိုင်ငံ၏ အခြေအနေနှင့် စပ်လျဉ်း၍ ဖမ်းဝရမ်း လျှောက်ထားခြင်း။

By International Criminal Court

Statement on International Day for the Elimination of Violence against Women

By Karen Human Rights Group

KWO welcomes the ICC Prosecutor’s announcement of an arrest warrant application for Min Aung Hlaing

By Karen Women’s Organization

စစ်ပွဲအတွင်း အမျိုးသမီးများအပေါ် အကြမ်းဖက်မှုများနှင့်ပါတ်သက်၍ အမျိုးသမီး၊ ငြိမ်းချမ်းရေးနှင့် လုံခြုံရေးဖိုရမ်မှ အချက် (၁၁) ချက်တောင်းဆို

By Myanmar Women Peace and Security

Joint Statement on the ICC Arrest Warrant Application Against Min Aung Hlaing and the Call for Justice and Reform in Myanmar

By National Unity Government, Karen National Union, Karenni National Progressive Party and Chin National Front

Arrest Warrant Application For Min Aung Hlaing Welcome Step Closer To Justice

By Special Advisory Council for Myanmar

#NoExcuse. UNiTE to End Violence Against Women and Girls

By United Nations Myanmar

Urgent actions must follow the International Criminal Court Prosecutor’s application of an arrest warrant against Min Aung Hlaing

By Women’s Peace Network

reports

Reports

Update on Journalism and Media Safety in Myanmar: July-September 2024

By Athan – Freedom of Expression Activist Organization

A Report on the Situation of Women, Children, and the Elderly in Karenni State

By Interim Executive Council of Karenni State

Voice Up: A Gendered Overview of the Human Rights Situation in Southeastern Burma (September – November 2024)

By Human Rights Foundation of Monland

Myanmar Humanitarian Update No. 42

By United Nations Office for the Coordination of Humanitarian Affairs


Progressive Voice is a participatory, rights-based policy research and advocacy organization that was born out of Burma Partnership. Burma Partnership officially ended its work on October 10, 2016 transitioning to a rights-based policy research and advocacy organization called Progressive Voice. For further information, please see our press release “Burma Partnership Celebrates Continuing Regional Solidarity for Burma and Embraces the Work Ahead for Progressive Voice.”