On February 13, an Argentine court issued arrest warrants for 25 Myanmar military officials and civilian leaders, including junta chief Senior General Min Aung Hlaing, for their alleged roles in the genocide against the Rohingya from 2012 to 2018.

The case, filed under the principle of universal jurisdiction by a Rohingya advocacy group, Burmese Rohingya Organization UK, represents a significant step in the pursuit of accountability for the atrocities committed against the Rohingya. However, the inclusion of Myanmar’s deposed civilian leaders, State Counsellor Aung San Suu Kyi and President Htin Kyaw, has sparked a contentious debate in Myanmar, exposing unresolved questions over responsibility for past human rights violations.

Some welcomed the warrants unconditionally. Others celebrated the move to hold military leaders accountable while condemning the decision by the court to implicate Suu Kyi and Htin Kyaw. The National Unity Government (NUG) called the charges against the two civilian leaders “misguided and erroneous,” urging the court to revise its decision. The former ruling party, the National League for Democracy (NLD), criticised the move as a distraction from the actual perpetrators—the military. Meanwhile, the junta dismissed the court’s decision outright, questioning Argentina’s understanding of Myanmar.

For many in Myanmar, Suu Kyi remains a national icon of democracy and resistance against military rule. Her inclusion in the arrest warrants has raised doubts about the credibility of Argentina’s judicial process. Critics argue that Suu Kyi, who was operating under the constraints of Myanmar’s military-drafted 2008 Constitution, had limited power over security and defence matters, which were under the direct control of the military.

Civilian leadership and complicity in atrocity crimes

While recognising Suu Kyi’s constrained authority, the UN Independent International Fact-Finding Mission on Myanmar found that her government played a role in perpetuating systemic and institutionalised oppression against the Rohingya. The mission’s 2018 report highlighted how civilian authorities at the time defended the military’s actions, denied allegations of military wrongdoing, blocked independent investigations, and oversaw the destruction of crime sites and evidence. It concluded that “the civilian authorities have contributed to the commission of atrocity crimes” and emphasised the need for further investigation. It found that the primary culpability lay with the military.

In 2019, the UN Fact-Finding Mission published findings on the Union Enterprise for Humanitarian Assistance, Resettlement and Development in Rakhine (UEHRD), which Suu Kyi chaired. The UEHRD was involved in building roads through destroyed Rohingya villages, constructing processing sites for Rohingya that have been described as internment camps, and building and reinforcing a border wall with Bangladesh that prevented displaced Rohingya from returning to their homes. UEHRD projects, according to the Fact-Finding Mission, “consolidate the consequences of war crimes, crimes against humanity and acts of genocide.” The UEHRD “categorically rejected” these conclusions. This raised further questions about Suu Kyi’s culpability.

The evidence gathered by the mission was later handed over to the UN Independent Investigative Mechanism for Myanmar (IIMM), which has been compiling documentation on international crimes in Myanmar since 2011. The IIMM—which the NUG and revolutionary forces have cooperated with—provided documents supporting Argentina’s investigation.

The Argentine court’s decision is part of a broader international effort to hold perpetrators of mass atrocities accountable. The arrest warrants themselves do not equate to a final judgment but are a crucial step in an ongoing legal process to assess individual criminal responsibility for the Rohingya genocide and crimes against humanity.

Suu Kyi has previously represented the state of Myanmar in its defence against genocide at the International Court of Justice. Now, she is unable to respond to the arrest warrant, as she remains imprisoned by the same military she once defended on the international stage.

The controversy surrounding this case underscores a critical issue: justice and accountability should not be selective. Justice must be pursued with fairness, impartiality, and due process to ensure accountability for all perpetrators of crimes. Impartial investigations that gather all available evidence and are adjudicated through fair trials are essential to ending impunity in Myanmar. As one Rohingya activist put it: “Ending impunity requires holding everyone responsible to account, regardless of their status or past roles.”

The road ahead: a test for Myanmar’s resistance movements

As the case unfolds, Myanmar’s pro-democracy resistance—particularly the NUG—are forced to confront deeper moral and ideological questions about justice, accountability, and the future of a federal democratic Myanmar. As one Myanmar activist bluntly stated: “Our resistance movements are facing an ideological and ethical reckoning around issues of accountability and impartiality. How we respond is crucial for the transformation of our society that will ensure sustainable peace and security for all communities.”

Since the 2021 coup, growing segments of Myanmar’s resistance have acknowledged past atrocities against the Rohingya, with some offering rare public apologies and statements of solidarity. The NUG itself has taken steps toward addressing the Rohingya crisis, including the adoption of the Rohingya policy and its commitment to repealing the discriminatory 1982 Citizenship Law. If the resistance movement is to build a truly just and inclusive Myanmar, it must be willing to engage with uncomfortable truths and ensure accountability applies universally, not just to military perpetrators.

The arrest warrants mark an important moment in the global pursuit of accountability for crimes against the Rohingya. However, they also expose the divisions and difficult questions that must be overcome by the resistance forces. How Myanmar’s resistance responds to this moment will not only shape the country’s path to justice but also its ability to break from a legacy of impunity and build a truly democratic future inclusive of all peoples.

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