Advancing Towards Justice
“[The accused] will eventually have to stand trial for the unspeakable suffering they have brought to not just generations of Rohingya, but to all victims of the military’s brutality in Burma.”
In a historic moment for justice, a Federal Criminal Court in Argentina issued arrest warrants for 25 Myanmar military leaders and civilian officials as part of their investigation into genocide and crimes against humanity committed against the Rohingya. This ground-breaking development is welcomed as a crucial and long-awaited step toward finding truth, justice, and accountability for the Rohingya community. To advance justice, the Argentine government should swiftly request Interpol to issue Red Notices and the international community must enforce these warrants to extradite the accused to stand trial.
Advances in the Argentine case are shared victories for all Myanmar people who strive for a peaceful future founded on justice and accountability. This case marks promising prospects for both domestic and international legal mechanisms to advance accountability of perpetrators of war crimes and crimes against humanity against other marginalized ethnic and religious communities in Myanmar. As Progressive Voice noted, “this is the first time that arrest warrants have been ordered in relation to the Myanmar military’s genocide against the Rohingya in 2017.” Tun Khin, Chairperson of the Burmese Rohingya Organisation UK (BROUK) emphasized the broader implications of the arrest warrants: “[The accused] will eventually have to stand trial for the unspeakable suffering they have brought to not just generations of Rohingya, but to all victims of the military’s brutality in Burma.”
The arrest warrants were issued for junta chief Min Aung Hlaing, 22 other military officials, and State Counsellor Aung San Suu Kyi and President Htin Kyaw. Having occupied the highest civilian government positions at the time in question, the inclusion of civilian officials is not, as the National Unity Government (NUG) stated, “a misguided and erroneous legal accusation,” but entirely unsurprising and essential for truth to emerge. As noted by Khin Ohmar, Chairperson of Progressive Voice, the NUG’s statement which “has the potential to severely undermine their stand on justice and accountability,” is concerning and disappointing. In this Court that we expect to adhere to due process and the rule of law, Daw Aung San Suu Kyi and U Htin Kyaw will, as SAC-M notes, “have every opportunity to defend themselves against any charges.” Willingness to stand trial upholds the principles of accountability and impartiality that are so essential to achieving sustainable peace in Myanmar’s future. As observed by Chin Human Rights Organization, “selective exemptions erode trust in the rule of law, promote impunity, and deny victims their right to redress.”
In 2019, BROUK filed the complaint under the principle of universal jurisdiction for the Argentine Court to investigate the Myanmar military’s genocide and crimes against humanity against the Rohingya. The military’s campaign of brutality between 2012 and 2018 climaxed in the “clearance operations” of August 2017 which involved widespread killing, mass rape, arson attacks, and the forced displacement of over 742,000 Rohingya to Bangladesh. On 28 June 2024, the Argentine Federal Prosecutor petitioned the Court to issue arrest warrants to summon these 25 military and civilian officials for a preliminary hearing as part of the ongoing investigations. The request was granted in full on 13 February 2025 and we expect this to be followed by Interpol Red Notices.
Since the junta’s 2021 coup attempt till now, Rohingya in Rakhine State have suffered new levels of economic hardship, intense conflict between the Arakan Army and the military, and food scarcity that experts warn could become famine imminently. Rohingya youth in Bangladesh camps have been subject to coercion, abduction, or trafficking by junta-affiliated armed groups. On 20 February for instance, over 900 Rohingya men and women transferred from junta prisons were believed to have been forced onto frontlines as human shields. Now further struggling to cope with withdrawn USAID, the over one million Rohingya refugees in Bangladesh camps face deteriorating inhuman conditions, scarcity of basic necessities, and hostile host community. Others forced to flee by boat face perilous sea-crossings and hostile reception or even refoulement upon arrival. The junta stokes communal tension in Rakhine State and continues to inflict egregious human rights violations on Rohingya communities.
The crisis of impunity in Myanmar must be addressed by the international community with serious commitment for which justice seeking is the integral component. Thus, to move ahead towards justice, it is essential that the Argentine government request Red Notices from Interpol without delay. The international community must stand firm on the principle of justice by fully cooperating with the arrest warrants, and giving financial and meaningful political support to the case. In tandem, full cooperation with the Argentine Court’s warrants by the NUG is essential. It is time the NUG demonstrated its commitment to accountability, truth and rule of law, not only through pledges in its Rohingya Policy but with concrete action—fully and impartially.
The fight for justice does not stop here. All possible avenues to bring justice and accountability to perpetrators of atrocity crimes in Myanmar must be taken. States should follow Argentina and open further criminal cases under universal jurisdiction. Those states who have already received complaints of crimes committed in Myanmar, namely Malaysia, the Philippines, and Turkey, must accept the case and actively make justice a reality for the people of Myanmar. States should also express their support of justice tangibly through joining the ongoing case at the International Court of Justice. In parallel, the International Criminal Court (ICC) must issue an arrest warrant for Min Aung Hlaing as submitted by the Office of the Prosecutor. State Parties to the Rome Statute must also invoke Article 14 to request the ICC to investigate mass atrocity crimes committed in Myanmar since 2002. As Tun Khin expresses, for justice to prevail for the people of Myanmar, it is essential that those accused must “stand trial for the unspeakable suffering they have brought to not just generations of Rohingya, but to all victims of the military’s brutality in Burma.”
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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
Statements and Press Releases
By 121 Civil Society Organizations
By 121 Civil Society Organizations
Malaysia must lead by example to end the junta’s violence across ASEAN borders
By ALTSEAN-Burma and End Transnational Repression Alliance
By ASEAN Parliamentarians for Human Rights
By CSO Working Group on Independent National Human Rights Institution (Burma/Myanmar) and Asian NGO Network on National Human Rights Institutions (ANNI)
By Generation Wave
Statement on the Arrest Warrant Against Burmese Military Leaders
By Generation Wave
အာဂျင်တီးနားတရားရုံးရောက် ရိုဟင်ဂျာအမှုနှင့် ပတ်သက်၍ သဘောထားထုတ်ပြန်ချက်
By National Unity Government
Statement on the Rohingya Case at the Argentine Court
By National Unity Government
By Special Advisory Council for Myanmar
States Must Enforce Historic Arrest Warrants for Myanmar OfficialsIssued by Argentine Court
By Special Advisory Council for Myanmar
Junta-Controlled Myanmar National Human Rights Commission Dissolved: SAC-M Welcomes NUG Decision
By Special Advisory Council for Myanmar
Reports
Burma Coup Watch for the Month of January 2025: Junta steps up forced conscription of women
By ALTSEAN-Burma, Asia Democracy Network, Asia Forum for Human Rights and Development, Burma Human Rights Network, Initiatives for International Dialogue, International Federation for Human Rights, Progressive Voice, US Campaign for Burma and Women’s Peace Network
By Chin Human Rights Organization
Killing, torture, and persecution of persons with disabilities in Myanmar
By Human Rights Myanmar
Not Spared from Junta Airstrikes: POWs in Resistance-Controlled Areas – Issue 164
By Myanmar Peace Monitor, Burma News International
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.”
