The Prosecutor of the International Criminal Court (ICC) announced his intention to seek an arrest warrant for Myanmar’s military leader, General Min Aung Hlaing. The charges stem from allegations of crimes against humanity tied to the persecution of the Rohingya, a predominantly Muslim minority that has faced years of systemic violence and displacement.
The request, if approved by a panel of three ICC judges, would mark the first formal move against a high-ranking Myanmar official for crimes linked to the mass deportation and persecution of the Rohingya people. The panel will now assess whether there are “reasonable grounds” to believe that General Min Aung Hlaing bears criminal responsibility. A decision could take up to three months.
The announcement has drawn global attention, but Myanmar’s ruling junta has yet to respond. A junta spokesperson went unanswered, and an email inquiry also received no immediate reply.
Myanmar’s government has consistently denied accusations of genocide and other crimes against humanity. Officials maintain that military operations in Rohingya-populated areas were aimed at combating terrorism, not targeting civilians. Despite these denials, international organizations, including the United Nations, have documented evidence pointing to atrocities committed with “genocidal intent.”
The ICC prosecutor’s office stated that the request for an arrest warrant follows years of thorough, independent, and impartial investigations. The office confirmed that additional applications for arrest warrants related to Myanmar are in progress, signaling that Min Aung Hlaing may not be the only high-ranking official to face potential charges.
The ICC has been investigating crimes against the Rohingya since 2018. While Myanmar is not a party to the Rome Statute, which established the ICC, the court asserted jurisdiction over cross-border crimes that partially occurred in neighboring Bangladesh, an ICC member state. This jurisdictional basis was upheld by ICC judges in rulings from 2018 and 2019, clearing the way for the prosecutor’s formal investigation.
The plight of the Rohingya gained global attention in 2017, following a brutal military crackdown in Myanmar’s Rakhine State. Over 730,000 Rohingya Muslims fled to Bangladesh, joining hundreds of thousands who had already sought refuge there over the preceding decades.
Survivors recounted harrowing accounts of mass killings, sexual violence, and the destruction of villages. UN investigators later concluded that these acts were carried out with genocidal intent. Satellite images and witness testimonies corroborated these findings, offering a chilling glimpse into the systematic nature of the violence.
Rohingya communities continue to live in precarious conditions in refugee camps in Bangladesh, where they face overcrowding, disease, and limited access to education and employment. Efforts to repatriate Rohingya to Myanmar have failed, with refugees expressing fears for their safety and a lack of guarantees for citizenship and basic rights.
The ICC investigation into Myanmar’s alleged crimes has faced significant hurdles. The lack of access to the country has been a primary challenge, as Myanmar’s government has refused to cooperate with international investigators. This has forced ICC prosecutors to rely on alternative sources, including testimony from refugees, insider witnesses, and an array of documentary and photographic evidence.
Compounding these difficulties is the political instability in Myanmar following the military coup in 2021. The coup ousted the democratically elected government of Aung San Suu Kyi and sparked widespread protests that escalated into an armed resistance. The ongoing turmoil has further obstructed the ICC’s ability to gather evidence on the ground.
Despite these obstacles, the ICC prosecutor has vowed to pursue accountability, stating that the investigation has drawn upon “a wide variety of evidence from witness testimonies, including from a number of insider witnesses, documentary evidence, and authenticated scientific, photographic and video materials.”
Human rights organizations have hailed the ICC’s decision as a crucial step toward justice for the Rohingya. Maria Elena Vignoli, senior international justice counsel at Human Rights Watch, emphasized the importance of the move in addressing Myanmar’s cycle of impunity.
“The ICC prosecutor’s decision to seek a warrant against Sr. Gen. Min Aung Hlaing comes amid renewed atrocities against Rohingya civilians that echo those suffered seven years ago,” Vignoli said. “The ICC’s action is an important step toward breaking the cycle of abuses and impunity that has long been a key factor in fueling the military’s mass violations.”
The ICC prosecutor’s announcement also follows recent controversies involving the court’s jurisdiction and political implications. The court has faced criticism from powerful nations, including the United States, for its decision to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former defense chief Yoav Gallant. This political backlash underscores the challenges the ICC faces as it seeks to navigate complex geopolitical landscapes while pursuing justice.
The ICC’s pursuit of Min Aung Hlaing underscores a broader effort to hold individuals accountable for crimes against humanity, even when national governments are unwilling or unable to act. However, questions remain about the enforceability of any potential arrest warrant. Myanmar’s refusal to recognize ICC jurisdiction and its current isolation under international sanctions make it unlikely that the junta would voluntarily surrender its leader to the court.
The prospect of arrest also hinges on the willingness of other countries to cooperate. While nations supportive of the ICC’s mandate could enforce the warrant if Min Aung Hlaing travels abroad, geopolitical considerations and Myanmar’s strategic alliances with powerful states like China and Russia complicate the situation.
Nevertheless, the ICC’s actions send a strong message about the international community’s commitment to justice. Advocates argue that even symbolic accountability can help deter future crimes and provide a measure of solace to victims.
The Rohingya persecution is part of a broader pattern of systemic human rights abuses committed by Myanmar’s military, known as the Tatmadaw. Over the decades, the Tatmadaw has been accused of widespread atrocities against various ethnic and religious minorities, including the Kachin, Karen, and Shan peoples.
Since the 2021 coup, violence has escalated across the country, with reports of arbitrary detentions, mass killings, and airstrikes targeting civilians in resistance strongholds. These renewed abuses highlight the urgent need for international mechanisms to address impunity and prevent further atrocities.
