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Min Aung Hlaing arrest warrant application by International Criminal Court prosecutor welcomed

Messages of support have been coming in from all corners of the globe after the International Criminal Court (ICC) Chief Prosecutor Karim Khan announced that he was applying for an arrest warrant against regime leader Min Aung Hlaing at the ICC Pre-Trial Chamber 1 on Wednesday

The arrest warrant application on Nov. 27 by the ICC Chief Prosecutor is over alleged crimes committed by Min Aung Hlaing when he ordered his Myanmar military into northern Arakan (Rakhine) State to carry out a “security clearance” operation against the Rohingya in 2016-17. The ICC case refers to the subsequent mass deportation of Rohingya from Myanmar into Bangladesh as a crime against humanity.

“This is a day of celebration not just for Rohingya, but for everyone from Burma,” said Tun Khin, the president of Burmese Rohingya Organisation UK (BROUK). “This is not only about seeking justice and accountability, but also an acknowledgement of the crimes committed against us, which were ignored for so long.”

Human Rights Watch released a statement in support of the potential Min Aung Hlaing arrest warrant for crimes against humanity after Khan’s announcement on Wednesday.

“The ICC prosecutor’s request for this arrest warrant is a strong warning to Myanmar’s abusive military leaders that they’re not beyond the reach of the law,” said Maria Elena Vignoli, the senior international justice counsel at Human Rights Watch. “And it sends the Rohingya community an important message that their struggle for justice has not been forgotten.”

Anna Roberts, the executive director at Burma Campaign UK, welcomed the news that Khan requested an arrest warrant for Min Aung Hlaing. She said that it was long overdue and that it would be supported by the people of Myanmar.

“For decades the Burmese military has been allowed to get away with violating international law without facing consequences. Justice is slowly closing in on the generals, but there is still a long way to go,” she added.

Myanmar’s civilian-led National Unity Government (NUG) – which was formed by ousted lawmakers, ethnic nationality leaders, and other opponents of the Feb. 1, 2021 military coup – welcomed the ICC announcement.

“It confirms what Myanmar’s people, particularly the Rohingya, have long known – that Min Aung Hlaing is criminally responsible for horrific, continuing atrocities,” Duwa Lashi La, the NUG Acting President, posted on social media.

The NUG has called for Min Aung Hlaing to be held accountable for his alleged crimes, including those committed after the 2021 coup. The regime in Naypyidaw, which seized power after the coup, stated that it does not acknowledge the ICC since Myanmar is not a signatory of the Rome Statute which established the court 

Khan argues that while Myanmar is not an ICC member country, the exodus of Rohingya from Arakan State into Bangladesh – which is a signatory – means that an element of the crime is under ICC jurisdiction.

Khan added the application for the arrest warrant is only the first step and that more warrants will be requested for other high-level military officials in Myanmar.

In 2019, the ICC authorized a petition from its chief prosecutor’s office to investigate alleged crimes committed by the Myanmar military against the Rohingya. Thousands of Rohingya were killed in 2016-2017 and over 700,000 were forced to flee their homes across the border into Bangladesh, where they have been living in refugee camps ever since. 

In 2022, the U.S. government labeled the 2017 attacks on the Rohingya as genocide.

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