Supporting ICC Request for Arrest Warrant Against Myanmar (Burma)’s Min Aung Hlaing
November 28th, 2024
Justice For All Canada welcomes the news that the International Criminal Court (ICC)’s Chief Prosecutor has sought an arrest warrant against Myanmar (Burma)’s Senior General and Acting President Min Aung Hlaing. The arrest warrant alleges that Senior General Hlaing bears responsibility for crimes against humanity targeting the Rohingya people, including persecution and deportation. Despite enduring years of oppression under his leadership, Rohingya survivors and human rights defenders have never ceased demanding accountability. This historic move is a critical advancement in their fight for justice and accountability.
The ICC Prosecutor’s actions follows a comprehensive investigation authorized in 2019 into the violations of international law committed by various Myanmar (Burma)’s forces and non-Rohingya civilians during their brutal 2017 military campaign against the Rohingya. The court’s jurisdiction for this case stems from crimes that occurred on Bangladeshi soil, where over 740,000 Rohingya were forcibly displaced. The ICC prosecutor has taken a further step towards pursuing accountability for such perpetrators, despite significant jurisdictional and political obstacles. In cases involving states like Myanmar (Burma), which has not ratified the Rome Statute, the ICC can still assert jurisdiction when crimes have a cross-border dimension, as seen in those impacting member states like Bangladesh.
The arrest warrant application is unprecedented, as it is the first targeting such a senior official in Myanmar’s military hierarchy. Senior General Hlaing has been in power in Myanmar (Burma) since February 2021, when the military overthrew the government. According to the ICC Prosecutor’s office, additional applications for arrest will follow for the human rights violations committed against the Rohingya.
“If ICC judges issue the requested arrest warrant, it will reaffirm the notion that even the most powerful military leaders cannot escape justice, sending a clear message that the international community won’t tolerate impunity for crimes of this magnitude,” said Taha Ghayyur, Executive Director of Justice For All Canada.
As strong allies of Rohingya, we hope this development will also pave the way for future legal mechanisms, including sanctions and further prosecutions, to reinforce the ICC’s latest efforts.
The ICC prosecutor’s announcement validates the long-standing work of countless advocates who have tirelessly sought justice for the Rohingya people. For over a decade, Justice For All Canada, through its Burma Task Force, has been at the forefront of advocating for the Rohingya. This includes influencing Canada’s recognition of the Rohingya genocide in 2018. We have worked alongside Rohingya communities and international supporters to document atrocities, urge targeted sanctions against Myanmar (Burma)’s military, and support legal action, such as Canada’s intervention in The Gambia’s genocide case at the International Court of Justice (ICJ).
While this legal development is a step forward, it does not address the ongoing crisis. Inside Myanmar, an estimated 630,000 Rohingya who face confinement in camps, starvation, mass displacement, forced labour, and systemic violence including drone strikes. The genocidal intent driving these crimes is persistent and unrelenting. Additionally, outside Myanmar (Burma), over a million Rohingya refugees languish in overcrowded camps in Bangladesh and other host countries, most without basic human rights or a clear pathway to refuge or safety.
We call on the Government of Canada to seize this moment to reinvigorate its leadership on Rohingya rights. The ICC’s actions must be met with concrete measures from Canada, including:
More than a legal manoeuvre, the new application for an arrest warrant has offered renewed hope that the architects of atrocities against Rohingya will one day be held accountable. We are reminded that justice, while delayed, is still possible when the international community acts decisively. Justice For All Canada reaffirms our commitment to supporting the Rohingya people in their quest for dignity and redress.
Works Cited
Justice For All Canada welcomes the news that the International Criminal Court (ICC)’s Chief Prosecutor has sought an arrest warrant against Myanmar (Burma)’s Senior General and Acting President Min Aung Hlaing. The arrest warrant alleges that Senior General Hlaing bears responsibility for crimes against humanity targeting the Rohingya people, including persecution and deportation. Despite enduring years of oppression under his leadership, Rohingya survivors and human rights defenders have never ceased demanding accountability. This historic move is a critical advancement in their fight for justice and accountability.
The ICC Prosecutor’s actions follows a comprehensive investigation authorized in 2019 into the violations of international law committed by various Myanmar (Burma)’s forces and non-Rohingya civilians during their brutal 2017 military campaign against the Rohingya. The court’s jurisdiction for this case stems from crimes that occurred on Bangladeshi soil, where over 740,000 Rohingya were forcibly displaced. The ICC prosecutor has taken a further step towards pursuing accountability for such perpetrators, despite significant jurisdictional and political obstacles. In cases involving states like Myanmar (Burma), which has not ratified the Rome Statute, the ICC can still assert jurisdiction when crimes have a cross-border dimension, as seen in those impacting member states like Bangladesh.
The arrest warrant application is unprecedented, as it is the first targeting such a senior official in Myanmar’s military hierarchy. Senior General Hlaing has been in power in Myanmar (Burma) since February 2021, when the military overthrew the government. According to the ICC Prosecutor’s office, additional applications for arrest will follow for the human rights violations committed against the Rohingya.
“If ICC judges issue the requested arrest warrant, it will reaffirm the notion that even the most powerful military leaders cannot escape justice, sending a clear message that the international community won’t tolerate impunity for crimes of this magnitude,” said Taha Ghayyur, Executive Director of Justice For All Canada.
As strong allies of Rohingya, we hope this development will also pave the way for future legal mechanisms, including sanctions and further prosecutions, to reinforce the ICC’s latest efforts.
The ICC prosecutor’s announcement validates the long-standing work of countless advocates who have tirelessly sought justice for the Rohingya people. For over a decade, Justice For All Canada, through its Burma Task Force, has been at the forefront of advocating for the Rohingya. This includes influencing Canada’s recognition of the Rohingya genocide in 2018. We have worked alongside Rohingya communities and international supporters to document atrocities, urge targeted sanctions against Myanmar (Burma)’s military, and support legal action, such as Canada’s intervention in The Gambia’s genocide case at the International Court of Justice (ICJ).
While this legal development is a step forward, it does not address the ongoing crisis. Inside Myanmar, an estimated 630,000 Rohingya who face confinement in camps, starvation, mass displacement, forced labour, and systemic violence including drone strikes. The genocidal intent driving these crimes is persistent and unrelenting. Additionally, outside Myanmar (Burma), over a million Rohingya refugees languish in overcrowded camps in Bangladesh and other host countries, most without basic human rights or a clear pathway to refuge or safety.
We call on the Government of Canada to seize this moment to reinvigorate its leadership on Rohingya rights. The ICC’s actions must be met with concrete measures from Canada, including:
- Expressing a willingness to comply with Canada’s obligations under international law if an arrest warrant is issued by the ICC judges, which includes arresting General Hlaing if he enters Canada. Canada must also denounce: 1) efforts to undermine the court’s mandate, 2) states who threaten sanctions against the court or other members of the Rome Statute, and 3) state efforts to find loopholes for accountability at the ICC.
- Pushing the UN Security Council to hold a meeting specifically on the worsening situation in Myanmar (Burma), with the goal of imposing a global arms embargo and expanding the ICC’s jurisdiction to include crimes committed within Myanmar (Burma)’s borders.
- Strengthening and enforcing sanctions on Myanmar (Burma)’s military entities, particularly the Myanmar Oil and Gas Enterprise (MOGE), which remains the military junta’s financial lifeline.
- Renew Canada’s Strategy on the Rohingya and Myanmar (Burm)a Crises - Canada must reaffirm its support for the region and protect ethnic communities facing dire persecution. It is crucial that Canada adheres to its anti-genocide obligations, and builds on past achievements.
- Establish a resettlement pathway for Rohingya refugees, as it has for other vulnerable groups, to offer those at immediate risk a chance for safety and dignity. A commitment to resettle at least 20,000 Rohingya over the coming years is a reasonable number with precedent.
More than a legal manoeuvre, the new application for an arrest warrant has offered renewed hope that the architects of atrocities against Rohingya will one day be held accountable. We are reminded that justice, while delayed, is still possible when the international community acts decisively. Justice For All Canada reaffirms our commitment to supporting the Rohingya people in their quest for dignity and redress.
Works Cited
- International Federation for Human Rights (FIDH). "Myanmar: ICC Prosecutor Requests Arrest Warrant for Military Leader in Key Step Towards Accountability for Crimes Against Rohingya." FIDH, 28 Nov. 2024, https://fidh.org/en/region/asia/myanmar/myanmar-icc-prosecutor-requests-arrest-warrant-for-military-leader-in. Accessed 28 Nov. 2024.
- Joseph, James. "ICC Seeks Arrest Warrant for Myanmar Military Chief Over Rohingya Crimes." Jurist, Queen's University Belfast School of Law, 27 Nov. 2024, https://www.jurist.org/news/2024/11/icc-seeks-arrest-warrant-for-myanmar-military-chief-over-rohingya-crimes/. Accessed 28 Nov. 2024.
- Mishra, Vibhu. "Arrest Warrant Sought for Myanmar Commander-in-Chief for Rohingya Crimes." UN News, 27 Nov. 2024, https://news.un.org/en/story/2024/11/1157536. Accessed 28 Nov. 2024.
- Human Rights Watch. "Myanmar: ICC Prosecutor Requests Arrest Warrant." Human Rights Watch, 27 Nov. 2024, https://www.hrw.org/news/2024/11/27/myanmar-icc-prosecutor-requests-arrest-warrant. Accessed 28 Nov. 2024.