ICC prosecutor requests arrest warrants for the head of Myanmar's military regime

THE HAGUE — The International Criminal Court’s chief prosecutor asked judges on Wednesday to issue an arrest warrant for the head of Myanmar’s military regime for crimes committed against the country’s Rohingya Muslim minority.

Senior Gen. Min Aung Hlaing, who took power from elected leader Aung San Suu Kyi in a coup in 2021, is accused of crimes against humanity for the deportation and persecution of the Rohingya.

Nearly a million people were forced into neighboring Bangladesh to escape what has been called an ethnic cleansing campaign involving mass rapes, killings and the torching of homes.

From a refugee camp in Bangladesh, the court’s top prosecutor, Karim Khan, said in a statement that he intends to request more warrants for Myanmar's leaders soon.

“In doing so, we will be demonstrating, together with all of our partners, that the Rohingya have not been forgotten. That they, like all people around the world, are entitled to the protection of the law,” the British barrister said.

The allegations stem from a counterinsurgency campaign that Myanmar’s military began in August 2017 in response to an insurgent attack. Hlaing, who heads the Myanmar Defense Services, is said to have directed the armed forces of Myanmar, known as the Tatmadaw, as well as national police to attack Rohingya civilians.

Khan was in Bangladesh where he met with members of the displaced Rohingya population.

Myanmar does not belong to the global court, but Bangladesh does. In 2018 judges at the court ruled the prosecutor could look into crimes which were “completed” on the territory of a member state, such as forcible deportation.

In 2019, Khan’s predecessor, Fatou Bensouda, formally requested to open an investigation into the situation and judges gave the green light for investigations into “any crime, including any future crime” committed at least partly in Bangladesh or another court member state and linked to the Rohingya.

The move paved the way for Khan to pursue crimes beyond forcing men, women and children over the border and into refugee camps.

The request comes days after a powerful rebel group seized a key trading town in northeastern Myanmar on the Chinese border, taking control of a lucrative rare earth mining hub in another setback for the military-led government.

The military seized power from Aung San Suu Kyi's government in February 2021, triggering intensified fighting with long-established armed militias organized by Myanmar’s ethnic minority groups in its border regions which have struggled for decades for more autonomy.

In 2022, the International Court of Justice, the United Nations’ highest court, advanced a separate case against Myanmar brought by Gambia alleging the Southeast Asian nation is responsible for genocide against the Rohingya. Five European countries and Canada have asked the court to back Gambia in the proceedings.