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International Criminal Court seeks arrest warrant for Min Aung Hlaing

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International Criminal Court (ICC) Chief Prosecutor Karim A.A. Khan in The Hague, Netherlands in an undated photo. (Credit: ICC)

The International Criminal Court (ICC) Chief Prosecutor Karim Khan applied for an arrest warrant to be filed against Min Aung Hlaing with the ICC Pre-Trial Chamber 1 on Wednesday. He’s in Bangladesh this week to continue his investigation of alleged crimes committed during the 2016-2017 violence in northern Arakan State and the subsequent mass displacement of Rohingya from Burma into Bangladesh. 

“After an extensive, independent and impartial investigation, my Office has concluded that there are reasonable grounds to believe that Senior General and Acting President Min Aung Hlaing, Commander-in-Chief of the Myanmar Defence Services, bears criminal responsibility for the crimes against humanity of deportation and persecution of the Rohingya, committed in Myanmar, and in part in Bangladesh,” stated Khan on Nov. 27.

Khan previously met with Rohingya refugees in Bangladesh to gather evidence for the ICC investigation into its case of alleged forced deportations from Burma into Bangladesh from July 4-7, 2023. The ICC authorized a petition from its chief prosecutor’s office in 2019 to investigate alleged crimes committed by the military against the Rohingya. In 2022, the U.S. government labeled the attacks on the Rohingya as genocide. 

Watch our DVB English News explainer on the ICC case Bangladesh/Myanmar. Find DVB English News on X, Facebook, Bluesky, Instagram, Threads & TikTok. Subscribe here.

The International Criminal Court’s case Bangladesh/Myanmar

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The entrance of the International Criminal Court (ICC) in The Hague, Netherlands, on March 3, 2011. (Credit: Reuters)

The International Criminal Court Chief Prosecutor has returned to Bangladesh this week as its investigation into the alleged forced deportation of Rohingya people from Myanmar enters a new phase. The visit has included talks with the Bangladesh authorities on a witness protection program, a sign that charges against the alleged perpetrators are getting closer. DVB English News traces key moments in the ICC case which has been ongoing since 2019.

National Unity Government wants officials to return from exile

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National Unity Government Acting President Duwa Lashi La visits a People’s Defense Force (PDF) camp on May 24, 2022. (Credit: Zarni Phyo)

The National Unity Government (NUG) Acting President Duwa Lashi La requested all members of his administration, who are currently in exile outside of the country, to return to Burma during an online meeting held on Tuesday. He warned that the NUG “cannot remain a government in exile.” 

“We must be aware that our strength needs to be from within the country. Our NUG cannot be an exile government. I strongly urge all our government members to make a practical, concerted effort to consolidate our forces inside the country,” said Duwa Lashi La on Nov. 26. He added that members of the NUG may have spent more time outside of Burma than necessary.

The civilian-led NUG was formed in April 2021 by ousted lawmakers, ethnic nationality leaders, and other opponents of the 2021 military coup. It is composed of 17 ministries administered by 25 ministers and their deputies. Most NUG ministries operate from outside Burma, with several ministers residing in the U.S., the U.K., Canada, Australia and other countries.

Thailand orders United Wa State Army to withdraw from border; Brotherhood Alliance member ready for peace talks

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United Wa State Army (UWSA) troops hoist the Burma and Wa flags at a ceremony in Panghsang on April 17. (Credit: Wa State TV)

Thailand orders United Wa State Army to withdraw from border

The Thai military ordered the United Wa State Army (UWSA) to withdraw from nine camps it claimed are located in northern Thailand’s Mae Hong Son Province near the Burma border by Dec. 18. Thai media reported that the UWSA is refusing to comply. Thai artillery units are on standby to strike UWSA positions. 

Nyi Rang, the UWSA spokesperson, confirmed the orders to withdraw from the Thai military were received. “This is an issue that must be discussed between the leaders of the two countries [Burma and Thailand],” he told Wa News Land, a media agency affiliated with the UWSA. “We learned that the Thai side has increased its forces. But for us, we are continuing to operate normally,” he added.

The UWSA administers Wa State – officially known as the Wa Self-Administered Division – an autonomous territory that exists along Burma’s borders with China and Thailand. The UWSA rejected a request in June 2023 to abandon its bases in Shan State near the Thai border. It claims that these bases are vital in safeguarding territory under UWSA control in Burma. 

Foreign nationals flee cyber scams in Karen State

Thirty-nine foreign nationals who crossed the border into Thailand’s Tak Province claimed that they were forced to work at cyber scam centers in Myawaddy Township of Karen State along the Burma-Thai border, AFP reported. The 39 included Sri Lankans, Malaysians, Nepalese and Russians. All were reportedly rescued by the Thai military.

The vital border trade town of Myawaddy is administered by the pro-regime Karen Border Guard Force (BGF/KNA), which has rebranded itself as the Karen National Army. Local media reported that the 39 foreign nationals were trafficked into Burma from Thailand after accepting job offers online. They told Thai police that they were forced to work for a Chinese cyber scam center in Myawaddy, which is adjacent to Thailand’s Mae Sot. 

The Institute for Strategy and Policy – Myanmar (ISP Myanmar) has documented that there are nearly 50 cyber scam compounds operating along the Burma-Thai border, including at least 25 in Myawaddy alone. Over 120,000 people in Burma may be forced to carry out online scams, according to the U.N.

A graduation ceremony for new recruits held by the Ta’ang National Liberation Army at an undisclosed location in northern Shan State on Nov. 13. (Credit: TNLA)

Brotherhood Alliance member ready for peace talks

The Ta’ang National Liberation Army (TNLA) announced on Monday that it is ready to hold talks with the military regime in Naypyidaw to end fighting that has been ongoing in northern Shan State since the Brotherhood Alliance launched Operation 1027 on Oct. 27, 2023. The Brotherhood Alliance includes the TNLA, the Myanmar National Democratic Alliance Army (MNDAA), and the Arakan Army (AA).

“We are ready to meet and discuss to end the conflict from both sides,” stated the TNLA on Nov. 25. It highlighted the devastating impact of airstrikes on civilians in areas under its control. The TNLA added that it reserves the “right to defend itself” from attacks by the military but that it supports efforts by China to mediate an end to Burma’s crisis since the 2021 military coup. 

The TNLA has seized control of 14 towns since the start of Operation 1027, including all of the Palaung (Ta’ang) Self-Administered Zone of northern Shan State. The MNDAA released a statement in September expressing its willingness to participate in talks with Naypyidaw. Beijing sent a letter demanding the TNLA cease its offensive against the military on Aug. 29.

News by Region

MANDALAY—The Mandalay People’s Defense Force (MPDF) stated on Monday that it has restricted travel on roads in areas under its control in Singu, Thabeikkyin and Madaya townships due to the military’s ongoing counteroffensive in the region. The restrictions took effect on Tuesday. 

“We don’t want people who are traveling in those areas to get hurt. We will reopen them again once the situation becomes stable,” an MPDF spokesperson told DVB. It added that it will conduct strict inspections of vehicles carrying goods into its territory. Earlier this month, the military launched offensives against resistance-controlled areas of Mandalay Region. 

KARENNI—Khun Bedu, the vice-chair of the Karenni State Interim Executive Council (IEC), called for an end violence against women and children in Karenni State to mark the International Day for the Elimination of Violence Against Women and Girls on Monday. 

“Many lives have been lost due to the regime’s retaliatory airstrikes. Women and children have experienced mental and social problems from this violence,” he said. More than 300,000 people have been displaced due to fighting with the military in Karenni State. At least 650 children have been either killed or injured this year in Burma, according to the U.N. 

SHAN—The Shan State Progress Party (SSPP) claimed that the Restoration Council of Shan State (RCSS) killed a village head during raids on two SSPP camps near Panpwe village of Mongkung Township, located 120 miles (193 km) northeast of the Shan State capital Taunggyi, on Monday. Seven SSPP soldiers and a civilian were also allegedly arrested.

The SSPP claimed that RCSS troops stole valuables and set fire to the home of the village head after killing him. The two Shan armed groups signed a ceasefire agreement on Nov. 29, 2023, but fighting has continued. In July, the SSPP and the RCSS injured four civilians during fighting in Lawksawk (Yaksawk) Township, located 42 miles (67 km) north of Taunggyi.

SAGING—The military has been posting signboards calling for People’s Defense Force (PDF) members to defect to the regime in villages of Sagaing and Chaung-U townships since Sunday. Sagaing town is 15 miles (24 km) southwest of Mandalay. Chaung-U is 53 miles (85 km) west of Sagaing town.

“It’s just a theatrical performance by the military to call for PDF [members] to [defect]. The military is destroying people’s lives, livelihoods, and properties,” a People’s Defense Force (PDF) spokesperson in Monywa Township told DVB. The Myanmar Policy Institute (MPI) estimates that there are 100 PDF units operating in Sagaing Region since the 2021 coup. Not all PDFs under the command of the National Unity Government (NUG), added MPI.

Watch: Survivors of military airstrike on church in Kachin State recount horror. DVB English News is on X, Facebook, Bluesky, Instagram, Threads & TikTok. Subscribe on YouTube.

Rohingya militants threaten peace in northern Arakan State

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A protest was staged against the Arakan Army (AA) in Buthidaung Township of Arakan State on March 19. (Credit: CJ)

Guest contributor

Moe Gyo

While the United League of Arakan/Arakan Army (ULA/AA) has made significant strides in liberating much of Arakan (Rakhine) and southern Chin states from the Myanmar military, it now faces an increasing threat from Rohingya militant factions operating in northern Arakan. 

The ULA/AA has primarily focused its efforts on fighting the military, not generally engaging offensively with them. These militant factions – the Arakan Rohingya Salvation Army (ARSA), Rohingya Solidarity Organization (RSO), and Arakan Rohingya Army (ARA) – have allied themselves with the military against the ULA/AA, particularly in the areas of Maungdaw and Buthidaung townships, which have come under the increasing control of the ULA/AA.

The Rohingya militants have established a strong presence both in the Rohingya refugee camps and other areas in the Chittagong Division of Bangladesh. Their activities there continue to be marked by extortion, beatings, rapes, and other forms of violence and criminal activities against the Rohingya refugees in the camps. 

They also engage in drug and human trafficking along the Myanmar-Bangladesh border. Yet, these militants receive tacit support from some sympathetic individuals within the Bangladesh Army (BA), Bangladesh Armed Police Battalion (BAPB), Border Guard Bangladesh (BGB), Bangladesh Directorate General of Forces Intelligence (BDGFI), and various local authorities in Chittagong.  

The Rohingya militant factions have also garnered financial and political backing from certain Rohingya diaspora organizations which have not only provided funds, but also report, through the international media, unsubstantiated human right violations allegedly committed by the ULA/AA. Yet, they have largely overlooked the human right violations and criminal activities of the Rohingya militant factions both in the refugee camps and northern Arakan. 

Despite condemning the military’s actions in 2017, these organizations have not extended the same level of condemnation to the Rohingya militant factions allied with it. This is the same miliary that carried out large-scale violence – murders, rapes, looting, and destruction of homes, fields, and livestock – and the ethnic cleansing of the Rohingya and forced hundreds of thousands to escape to Bangladesh.

These Rohingyas now live in crowded refugee camps, unwanted by the host Bangladesh community and preyed upon by the Rohingya militant groups and local authorities. The cooperation of the Rohingya militant factions with the military raises the question of why they, when their people have historically been victims of brutal state-sponsored crackdowns, would choose to collaborate with the same military. 

Historically, the Rohingya have sought greater autonomy, and some factions within their political and religious leadership have aimed to create their own state in Myanmar or an autonomous region in Arakan. This aspiration dates back to the post-independence period of Burma in 1947 when the Rohingya’s request to join the newly-formed East Pakistan (modern-day Bangladesh) was rejected by Muhammad Ali Jinnah, the soon-to-be founding president of Pakistan. 

Later in 1961, Burma created the Mayu Frontier Administration (MFA), administered by the Tatmadaw. However, it was dismantled in 1963 due to fears by the military government that the MFA would lead to a formal recognition of the Rohingya as a distinct ethnic group with their own autonomous and administrative area. The Rohingya have consistently linked land rights with ethnic recognition, political autonomy, and citizen rights. 

Given this historical backdrop, it is a possibility that the Tatmadaw has made an “understanding” with these Rohingya militant factions, offering them a Special Region or Self-Administrative Zone in exchange for their support to fight the ULA/AA. This approach would not be unprecedented, as divide-and-conquer tactics have been used in Burma over the years to co-opt various ethnic armed organizations (EAOs) by offering them concessions such as territorial control. 

A similar informal agreement with the Rohingya militants would allow the Tatmadaw to better address threats from the ULA/AA. Furthermore, it is conceivable that the Bangladesh Army would implicitly support such an arrangement so as to provide a buffer zone in Arakan for Rohingya refugees and address any adverse consequences arising from any potential creation of an independent Arakan country. 

This “understanding” may also serve to align the interests of some overseas Rohingya organizations with those of the Rohingya militant factions to achieve some form of territorial and political self-autonomy in Arakan, leading to a recognition of the Rohingya identity. 

It has been reported that in early November, there was a meeting in the Bandarban District of Bangladesh with representatives of ARSA, RSO, ARA, and four Islamic Mahaz groups. The aim was to agree upon a unified approach toward their operations and ultimate objectives in northern Arakan. 

Furthermore, the Bangladesh Directorate General of Forces Intelligence was said to be involved with meetings with the RSO. These events reflect the increased escalation of militancy and the involvement of Bangladesh to further destabilize northern Arakan toward some form of self-autonomy with Bangladesh as its patron. This would mirror the situation in northern Shan State with China acting as the patron of the key EAOs based there.

The emergence of the Rohingya militancy in northern Arakan, reportedly supported by elements within the Bangladeshi security sector,  presents a significant challenge for the ULA/AA, which now not only faces the Tatmadaw, but also the growing threat from these Rohingya militant factions based in Bangladesh. In this complex and volatile environment, the ULA/AA must carefully consider its diplomatic, political, and military options to manage the Rohingya militant threats while continuing its primary focus on defeating the Tatmadaw. Some responses available to the ULA/AA include:

Diplomatic and political

  1. Refuse to Engage in Repatriation Discussions: In this approach, the ULA/AA refuses to engage in discussions with Bangladesh over the repatriation of Rohingya refugees unless it undertakes actions to eliminate the Rohingya militant factions within the camps and their training and staging areas situated elsewhere inside Bangladesh. This would also apply international pressure on Bangladesh to curb the militants.
  2. Leverage Diplomatic Pressure on Bangladesh: Similarly, the ULA/AA seeks support from international actors, such as China, India, and the United Nations, to pressure Bangladesh to deal with the Rohingya militant factions within its borders and cease any government support of these factions. China, in particular, has a strategic interest in regional stability and could potentially provide diplomatic backing for such an initiative. 
  3. Designate Rohingya Militant Factions as “Foreign Terrorist Organizations”: The ULA/AA provides evidence and facts to support the placement of the Rohingya militant factions on the “Foreign Terrorist Organizations” listing of foreign countries. This action would seek to pressure those overseas Rohingya organizations, aligned with the Rohingya militant factions, to halt their funding and other forms of support. Bangladesh could also see the adverse effects of this action in the periodic country reports by the international community.
  4. Investigate Reported Human Right Violations by the ULA/AA: Impartial international human right organizations are invited by the ULA/AA to investigate human right violations reported to be committed by soldiers of the ULA/AA. These investigations would lead to the prosecution of any ULA/AA soldiers committing such violations and respond directly to the claims of overseas Rohingya organizations.
  5. Close the Border to Trade: Economic leverage is used to pressure Bangladesh to take stronger action against the Rohingya militants, although it may also negatively impact the local economies on both sides of the border.
  6. Integrate the Rohingya into the Arakan People’s Revolutionary Government (APRG): A longer-term solution involves integrating the Rohingya into a broader political framework such as the APRG, which would provide them with political representation and a stake in the governance of a peaceful Arakan State or an independent Arakan country.

Military 

  1. Forming Rohingya Battalions and Border Guard Forces: Local Rohingya battalions are formed, trained, and deployed, under ULA/AA control, to monitor the Myanmar-Bangladesh border and otherwise prevent Rohingya militants from crossing into Arakan. This approach allows the ULA/AA to counteract these militants in a more timely and effective manner.
  2. Enhanced Surveillance and Border Control: The ULA/AA increases surveillance along the informal border crossings to better track insurgent movements. Deploying small, specialized surveillance teams and reconnaissance drones would help to detect militant incursions and enable more coordinated ULA/AA military responses, including “hot pursuits” of Rohingya militants, escaping across the border back into Bangladesh after attacks in northern Arakan. 
  3. Incentivize Actors within the Bangladesh Directorate General of Forces Intelligence, Bangladesh Army, Bangladesh Armed Police Battalion, and Border Guard Bangladesh: The ULA/AA offers financial and other incentives to targeted members of the BDGFI, BA, BAPB, and BGB for essential and timely intelligence about the Rohingya military factions and their camps, and concerted action by their units against these militants both within the camps and elsewhere in Bangladesh. 
  4. Attack Insurgent Camps Inside Bangladesh: The ULA/AA pursues a more aggressive strategy, targeting Rohingya militant camps inside Bangladesh where these militants are believed to be training and regrouping. However, such operations may provoke severe diplomatic tensions with Bangladesh and risk an escalation of the conflict.

The situation in Arakan State is deeply complex, shaped by historical grievances, ethnic strife, and a tangled web of political, diplomatic, and military considerations. The ULA/AA faces a delicate balancing act in managing the threat from the Rohingya militant factions while continuing its primary objective of defeating the military. 

The choices available to the ULA/AA – whether diplomatic, political, or military – carry significant risks and consequences. Ultimately, any path forward will require careful coordination, not only within Arakan, but across the broader geopolitical landscape. 

Achieving peace and stability in the region will require confronting difficult historical issues as well as addressing the legitimate aspirations of all ethnic groups in Arakan. 


Moe Gyo is a political consultant and strategist working on the Thailand-Myanmar border. 

DVB publishes a diversity of opinions that does not reflect DVB editorial policy. We’d like to hear what you think about this or any of our stories: [email protected]

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