An Argentine prosecutor has made a historic request for the arrest of top Myanmar officials in what could be the first time one country refers another to the International Criminal Court over cross-border crimes involving genocide against Rohingya Muslims. This is the breakthrough in global justice for the Rohingya population that has suffered horrific violence and gross displacement in Myanmar. The case forms part of Argentina’s legal action under the principle of universal jurisdiction, which permits prosecutions for such serious crimes as genocide, war crimes and crimes against humanity to be brought regardless of where they took place. Argentine Prosecutor Requests Arrest Warrants For Rohingya Genocide Suspects
It is a major victory for the international community in our common fight against impunity and those who have committed atrocities. The announcement has highlighted international focus on the plight of the Rohingya and reminds us of Argentina´s special position as a global human rights advocate.
Background: The Genocide of the Rohingya
Rohingya are a Muslim minority who live in the state of Rakhine, located on the western side of Myanmar, and have a long history of persecution by the predominantly Buddhist country. Things came to a head in 2017 when the Myanmar military launched a brutal campaign of violence following an attack on police posts by Rohingya insurgents. The immediate military retaliation was an order of mass killings, wide-scale sexual violence against women and girls, and the burning of entire villages.
The United Nations said that these atrocities could be classified as ethnic cleansing, while a separate “triple crimes” investigation concluded there were reasonable grounds to believe that genocide had occurred. The violence led to more than 700,000 Rohingya fleeing across the border to Bangladesh, where they are still living in perilous conditions at refugee camps.
And yet, despite global condemnation and the International Criminal Court’s order to investigate the crimes committed, there has been little justice for Rohingyas. Myanmar has denied the widespread and systematic attacks on Rohingya Muslims in Rakhine and its leader Aung San Suu Kyi has described it as ‘exaggerations’. Argentine Prosecutor Requests Arrest Warrants For Rohingya Genocide Suspects
Why Argentina? Universal jurisdiction instead explained
In Argentina, for example, the principle of universal jurisdiction permits a state to investigate and prosecute individuals for particularly serious crimes such as genocide no matter who committed them or where they were perpetrated. It was a principle that had been used in famous examples, including the arrest of Chilean dictator Augusto Pinochet in Spain.
A collective of Rohingya survivors and human rights organizations invoked this principle this year to file a complaint in Argentina, making the argument that because Myanmar’s judicial system will not act — or cannot — then Argentina should. The courts in Argentina accepted the case, giving their country one of the few national court systems that will actively pursue legal action against Myanmar’s leaders over crimes against Rohingya Muslims.
An Argentine prosecutor has now gone a step further, asking for the arrest of top officials from Myanmar’s military junta alleged to have planned the genocide. These arrest warrants will give rise to international pressure and if granted can also lead to extraditions. Argentine Prosecutor Requests Arrest Warrants For Rohingya Genocide Suspects
The Argentine Prosecutor’s Request Is Huge
The key in this process is the request for arrest warrants by the Argentine prosecutor. While the case is in its infancy, even issuing the arrest warrants is a win for human rights activists worldwide if these men are to be charged with genocide. That would be a clear indication that even those who hold the highest office are not above the law and cannot escape prosecution for war crimes.
Issuance of arrest warrants may increase pressure on the Myanmar junta which faced international sanctions and growing isolation following the 2021 military coup. However, issuing arrest warrants against the top rank officials does allow for at least two mechanisms that can chase them: first, to bring them to justice in international heat, and secondly, these arrests warrant create obstacles in the free movement of such personalities across the globe further push global efforts and avenues assembling around to corner Burmese leadership.
This is also a strong message in terms of other regimes committing or about to commit war crimes. It will continue to send the message that you are not able to get away with genocide and ethnic cleansing.
Problems and Emerging Regional Priorities
As groundbreaking as this legal case in Argentina might be, it has many hurdles yet to clear. For one, Myanmar is very unlikely to cooperate with any efforts to prosecute or extradite its officials. Military rule was cracking down hard after the February 2021 coup, with the junta recklessly brazen in establishing control and excoriating right before the world for what seemed like nothing, less.
Also at issue is whether so-called arrest warrants, even if issued, could be practically enforced. If they were returned to face prosecution, it would likely only be with the cooperation of Myanmar or a nation that receives them.
Nonetheless, the legal action has broader implications for international justice. If Argentina prosecutes a foreign genocide under universal jurisdiction, this development can urge other countries to similarly use international law. It shines a light on the shortcomings of international institutions, such as the International Criminal Court, which has made very little headway towards justice for the crimes committed by Myanmar against Rohingya.
The Rohingya and their Search for Justice
This case is a ray of hope for the Rohingya as they have been denied justice for a long. The road to making Myanmar accountable is a long way out as illustrated by the behavior of the Argentine prosecutor. If this case is heard, it may remind the world of the genocide that the Rohingya faced and how they have not been forgotten.
Ferreyra De Moltó argued: The continued pursuit of justice in international courts post-ICC withdrawal sends a clear signal that alleged perpetrators of genocide against the Rohingya will eventually be brought to account — something missing from Burma, but at least partially compensated for by Argentina.
