For 63 long years, the Burmese military has ruled that sad, but beautiful country. There was a short spell of semi-democracy under Aung San Suu Kyi, but even then the military held the important reins of power.
It is true that in a wonderful twist of irony, the first military ruler of Burma, General Ne Win, did end his life under house arrest. However, for the most part, military leaders of Burma killed and looted the treasure of this resource rich country with almost complete impunity.
However, there is now news that this might be about to change…
First ever arrest warrant
Year after year, the UN Security Council, international courts and governments worldwide have failed to hold the Burmese military to account for their crimes. However in mid-February, a small Rohingya community organisation in the UK managed to secure the first ever arrest warrant for a head of the Burmese military. Consequently, Min Aung Hlaing, the Burmese military leader and other senior military leaders now face international arrest warrants.
How has this happened?
Authorities in one country can prosecute someone for crimes in another under the legal principle of universal jurisdiction. This applies even if the crimes were committed in another country.
One of those countries with a universal jurisdiction law is Argentina and that meant it could investigate the genocide of the Rohingya, after the Burmese Rohingya Organisation UK filed a case in Argentina in 2019.
Mark Farmaner has noted that, “arrest warrants have been issued by an Argentinian court for 25 people in all for their role in the genocide of the Rohingya. 22 members of the Burmese military, one village head, and Aung San Suu Kyi, who ran the civilian-led government at the time of the genocide, and President of the civilian government, Htin Kyaw. Both have been detained by the Burmese military since the 2021 coup”.
Controversy
There is one controversial issue connected to the arrest warrants. Certainly not the inclusion of military leader Min Aung Hlaing and other military leaders. Rather, the controversy concerns the inclusion of Aung San Suu Kyi and Htin Kyaw.
Aung San Suu Kyi, the former democracy leader is now in prison, put there by the same military leadership that also faces arrest warrants after the military coup of February 2021, but Aung San Suu Kyi was leading a government which was denying that genocide and human rights violations against the Rohingya had happened, at the time the case was filed in 2019.
Mark Farmaner from Burma Campaign UK takes up the story: “Despite well documented reports of the mass rape of Rohingya women, Aung San Suu Kyi had a flashing ‘Fake Rape’ sign on the Facebook page and website of her personal office. For years her office and her government’s publications published lies and propaganda whipping up fear and hatred against the Rohingya. Her government imposed increased restrictions on humanitarian and healthcare access for Rohingya, separate from those the military had imposed, and vigorously defended the Burmese military in a case about genocide of the Rohingya at the International Court of Justice. Aung San Suu Kyi and her government refused to use the name Rohingya. Denial of the identity of the Rohingya is a foundation stone of the genocide against them”.
Defenders of Aung San Suu Kyi did establish the Kofi Annan Commission into the Rohingya issues and her defenders will cite this in her defence. However, it had a limited mandate, no Rohingya representation and the Commission’s recommendations were only partially implemented. It is also very possible that Aung San Suu Kyi very likely faced behind the scenes pressure from the Burmese military, although we don’t know the details.
Burmese Rohingya Organisation UK requested the prosecutor and court in Argentina not to include Aung San Suu Kyi and Htin Kyaw at this time, given the changed circumstances in Burma since the coup in February 2021. However, the court decided that there is enough evidence to justify issuing arrest warrants for them and has dismissed this request.
A hugely significant moment
Despite this controversy, the issuing of arrest warrants against leading members of the Burmese military regime, after 63 long years of almost complete impunity is a hugely significant moment for the long-suffering people of Burma.
Mark Farmaner from Burma Campaign UK notes: “We have seen for decades that being allowed to get away with violations of international law has just encouraged the Burmese military to commit more and bigger crimes. Being allowed to get away with war crimes and crimes against humanity against ethnic people for decades encouraged them to believe they could get away with genocide, and when they were allowed to get away with genocide, they thought they could get away with another coup.
Now in Burma the Burmese military are fighting for their survival as resistance forces free more and more of the country, and it is a small Rohingya community organisation which has secured the first ever arrest warrants. Where the international community failed to uphold the law, people from Burma are stepping up.”
Indeed as noted in a previous article, the people of Burma are caught between fear and hope as they organise an ever more solid resistance to the brutal military regime.
So-called Red Notice arrest warrants from Interpol could be issued, if the military leaders of Burma choose to go abroad and so they will have to think twice now before making any international trips. Indeed it has been noted that, “even if the generals stay hiding in Burma, at a future date a trial could take place without them being in Argentina”.
This could be the start of a very difficult legal year for the brutal Burmese military dictatorship. The International Criminal Court is also due to make a decision about issuing an arrest warrant for Min Aung Hlaing regarding the crimes against humanity committed against the Rohingya. It is also possible that there could be a conclusion reached by the International Court of Justice on whether genocide has been committed against the Rohingya.
Mark Farmaner has stated that, “justice and accountability are a vital part of the struggle for human rights and democracy in Burma. Last week the struggle took a big step forward.”
Zoya Phan
I asked Zoya Phan, a Karen from Burma, who now works for Burma Campaign UK for her thoughts on this development: “I was 14 when the Burmese military attacked my village 30 years ago. That was a war crime, a violation of international law, but nothing was done to hold them to account for their crimes. Since then, they have attacked thousands more villages across the country, every time they have been allowed to get away with it. Now finally there is progress towards ending impunity. At the end of the day, it is very simple, if a criminal is allowed to get away with their crimes they commit more crimes. Now finally there is an arrest warrant for one of the biggest criminals in the world, the Burmese military.”
The people of Burma in their myriad ethnic groups have been through a long dark tunnel for 63 years now. We must all hope that this news is a sign that there is finally some light at the end of that tunnel.
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