The International Criminal Court (ICC) has requested an arrest warrant for Myanmar’s military leader, Senior General Min Aung Hlaing, accusing him of crimes against humanity in relation to the violent crackdown on the Rohingya Muslim minority. The move represents a significant escalation in the international legal effort to hold Myanmar’s military leadership accountable for actions described by the United Nations as ethnic cleansing.
Min Aung Hlaing is accused of overseeing a military campaign in 2017 that resulted in mass killings, sexual violence, and the forced displacement of over a million Rohingya from Myanmar’s Rakhine State. The military operation, which began in August 2017, was aimed at rooting out insurgents but quickly escalated into widespread violence against civilians. The atrocities included the burning of villages, mass executions, and widespread reports of rape and torture. As a result, hundreds of thousands of Rohingya fled to neighboring Bangladesh, where they remain in overcrowded refugee camps.
The ICC’s decision to target Min Aung Hlaing is the first time the court has moved against a high-ranking Myanmar official in the case. While Myanmar is not a member of the ICC, the court has asserted jurisdiction over the case because part of the violence took place in Bangladesh, an ICC member state. The military junta in Myanmar has dismissed the court’s authority, and the likelihood of Min Aung Hlaing’s arrest remains uncertain.
A Step Toward Justice, But Obstacles Remain
The request for an arrest warrant is the culmination of an investigation that has spanned nearly five years. The ICC’s prosecutor, Karim Khan, emphasized that the decision to seek an arrest warrant is based on independent and impartial investigations. “This is a clear message to perpetrators that no one, regardless of their position, is above the law,” Khan said in a statement.
However, securing Min Aung Hlaing’s arrest poses significant challenges. Myanmar’s military government has consistently rejected the ICC’s jurisdiction, and the general rarely travels abroad, which could complicate efforts to apprehend him. The ICC, which lacks a police force to enforce its orders, will rely on international cooperation to make an arrest, something that has been difficult to achieve in previous high-profile cases, including the case of Sudan’s Omar al-Bashir.
Despite the hurdles, human rights advocates see the ICC’s move as an important step in the pursuit of justice for the Rohingya. The United Nations and other international bodies have long accused Myanmar’s military of committing atrocities, but efforts to hold those responsible accountable have been slow.
Rohingya’s Struggle for Justice
The Rohingya, a largely Muslim ethnic group, have faced systematic discrimination and violence in Myanmar for decades. The 2017 military crackdown was the tipping point, forcing over a million Rohingya to flee across the border into Bangladesh. While many of the refugees remain in camps in Bangladesh, conditions there remain dire, and the long-term prospects for resettlement are uncertain.
“Min Aung Hlaing is directly responsible for the suffering of countless Rohingya families,” said Nicholas Koumjian, head of the U.N. Independent Investigative Mechanism for Myanmar, which assisted in the ICC’s investigation. “The request for an arrest warrant is a crucial step toward breaking the cycle of impunity that has allowed Myanmar’s military to continue its abuses.”
The ICC’s action comes amid ongoing violence in Myanmar. Since the 2021 coup that ousted the democratically elected government of Aung San Suu Kyi, Myanmar has been embroiled in civil conflict, with ethnic militias and pro-democracy groups fighting the military junta. The country’s instability has made it difficult for international bodies to gain access and gather evidence, further complicating efforts to seek justice for the Rohingya.
Legal and Diplomatic Implications
The ICC’s jurisdictional reach remains one of the key points of contention. Myanmar has not signed the Rome Statute, the treaty that established the ICC, and has refused to cooperate with the court’s investigation. However, in 2018 and 2019, ICC judges ruled that the court had jurisdiction over crimes that occurred partially on Bangladeshi soil, and that Myanmar’s military could be held accountable for crimes committed against the Rohingya.
The request for an arrest warrant for Min Aung Hlaing follows recent ICC actions against other high-profile leaders. The court is currently pursuing cases against Israeli and Hamas leaders for alleged war crimes. Despite the court’s expanding reach, the lack of an enforcement mechanism means the ICC must rely on national governments to carry out arrests, which has often proven to be a challenge.
A Broader Push for Accountability
In addition to the ICC’s efforts, Myanmar faces a separate legal challenge at the International Court of Justice (ICJ), where The Gambia has brought a case accusing the country of genocide against the Rohingya. The ICJ’s investigation has garnered support from several Western nations, including Canada and the UK, who have called for Myanmar to be held responsible for its treatment of the Rohingya.
For the Rohingya, the pursuit of justice at both the ICC and the ICJ provides a glimmer of hope, but the road to accountability is likely to be long and difficult. In the meantime, over 900,000 refugees in Bangladesh continue to live in limbo, with little prospect of returning home amid ongoing violence in Myanmar.
Looking Ahead
The ICC’s arrest warrant request is a major step in the international effort to hold Myanmar’s military leadership accountable. But even if the warrant is granted, challenges remain in securing Min Aung Hlaing’s arrest. Myanmar’s refusal to cooperate, along with the ongoing political and humanitarian crisis in the country, suggests that holding those responsible for the atrocities against the Rohingya accountable will be a prolonged and challenging process.
Nonetheless, the pursuit of accountability offers some hope for the Rohingya, whose suffering has often been overshadowed by broader geopolitical concerns. As the ICC continues its work, it will need to rely on international cooperation to make any potential arrests a reality — and demonstrate that, in the eyes of the law, no one is above justice.
