By Sithu Kyi
Civilians in Myanmar and rights activists have welcomed a potential move to arrest and prosecute military junta chief General Min Aung Hlaing for brutal atrocities against minority Rohingya Muslims in 2017.
According to media reports, the Hague-based International Criminal Court (ICC) is seeking the possibility of prosecuting Hlaing for overseeing the genocidal crackdown that forced more than 750,000 Rohingya refugees to flee to neighboring Bangladesh.
Hlaing was the head of the armed forces during the atrocities termed a “textbook example of ethnic cleansing” by the United Nations.
He staged a coup in February 2021 that ousted the elected civilian government of Aung Saan Suu Kyi, plunging the country into unrest and consequent civil war that left thousands killed and injured, and millions displaced.
On Nov. 27, ICC’s chief prosecutor Karim Khan said that there were reasonable grounds to believe Min Aung Hlaing “bears criminal responsibility for crimes against humanity” committed during the crackdown, AFP reported.
Ma Khaing Khaing, 32, a resident of Daka Township in Ayeyarwaddy Region, welcomed the news.
“It’s time for Min Aung Hlaing to face the consequences of his actions. The ongoing suffering of the homeless, victims of his regime, underscores the need for accountability,” she told UCA News.
Khaing said the ongoing conflict between the military and resistance forces has forced many of her community to flee their homes.
However, not all reactions are positive.
Ko Thiha Naung, 30, from Thakata Township in Yangon, expressed mixed feelings.
“While I’m pleased with the prosecution, I worry about the potential repercussions for our economy and international relations,” he said. “The country is already struggling, and further sanctions could worsen our situation.”
In response to the ICC’s action, the military’s Truth News Information Team announced on Nov. 28 that the ICC has no jurisdiction over Myanmar, so it cannot prosecute the military chief.
Myanmar is not a member of the ICC, and it has never accepted the ICC’s pronouncements, it said, adding that Myanmar is a sovereign nation with a neutral foreign policy, and it adheres to the concept of peaceful coexistence among nations.
According to Ro Nay San Lwin, co-founder of the Free Rohingya Coalition Advocacy Group, the Myanmar junta leader has been constantly committing crimes not only against Arakan Muslims but also against other ethnic minorities and the entire people since 2021.
“This prosecution puts significant pressure on him and highlights the dire situation in Myanmar,” he said.
Nicholas Koumjian, head of the Independent Investigative Mechanism for Myanmar, emphasized that this arrest warrant sends a clear message:
“This application for an arrest warrant for the person who holds the highest military position in Myanmar sends a strong message to perpetrators that no one stands above the law,” he said.
He warned that more warrants are likely to follow, commending the bravery of Rohingya survivors who shared their stories with ICC investigators.
While human rights activists have welcomed the ICC’s actions, neighboring China criticized the court, saying that other than member states the ICC should only act on cases referred by the UN Security Council.
“China has always held the position that the ICC should act fairly. Unless the case is referred to the United Nations Security Council, the court has no jurisdiction over countries and territories that are not signatories to the Rome Statute,” Chinese Foreign Ministry spokesperson Mao Ning stated at a regular press briefing in Beijing on Nov. 28.
A total of 123 countries adopted the Rome Statue that accepts the ICC’s judicial framework. However, many countries including US, China, Russia and Ukraine have not ratified the 2002 Rome Statute.
Myanmar is currently facing a trial over the genocide of Rohingya in the International Court of Justice. Besides, the ICC has been gathering preliminary information on whether Myanmar’s atrocities on Rohingya constituted war crimes.
Recently, ICC’s chief prosecutor Karim Khan visited Rohingya refugees in a camp in Cox’s Bazar of Bangladesh. He also met the country’s interim government head Professor Muhammad Yunus in the national capital Dhaka.
Ma War War, 34, a resident of Sagaing Township, said that the impunity of the junta leader over Rohingya atrocities allowed him to commit more crimes against humanity against other communities.
“Today, people are enduring pervasive violence, including airstrikes and bombings. He must face action immediately and be held accountable for all atrocities,” she told UCA News.