On November 27, International Criminal Court (ICC) Chief Prosecutor Karim A.A. Khan announced the submission of an arrest warrant application about the 2016-2017 violence in Myanmar’s Rakhine State, which led to the mass displacement of the Rohingya population into Bangladesh. Khan’s office has been investigating these atrocities, and the prosecutor concluded that there are reasonable grounds to hold Senior Gen. Min Aung Hlaing, Myanmar’s military commander-in-chief and head of the coup regime, accountable for crimes against humanity, including deportation and persecution.
This arrest warrant application marks an important step in the ICC’s investigation of the Rohingya genocide, offering a glimmer of hope to the victims and their families. It is the first arrest warrant targeting a senior Myanmar government official, and Khan stated that more are likely to follow. Many Burmese responses to the ICC’s announcement and the National Unity Government (NUG)’s statement about the arrest warrant application indicate that Myanmar’s pro-democracy groups have broadly welcomed this move, eagerly anticipating decisive action from the ICC judges.
However, while this development is a critical moment for justice, Myanmar’s pro-democracy groups must be transparent with the Myanmar people about what this application does – and does not – entail. Pro-democracy groups, including the NUG, must inform the Myanmar people about the ICC’s focus on the Rohingya genocide and clarify that the arrest warrant does not directly address the ongoing atrocities committed by Min Aung Hlaing’s military since the 2021 coup. Transparency is essential to avoid confusion and build public support for further international accountability efforts.
From Opposition to Support
Myanmar’s relationship with the ICC & International Court of Justice (ICJ) has evolved dramatically over the past few years. Before the 2021 coup, Myanmar’s government, under State Counsellor Aung San Suu Kyi, overwhelmingly rejected international scrutiny of the Rohingya genocide. In 2018, Kyaw Tint Swe, then minister for the Office of the State Counsellor, argued at the U.N. General Assembly that the ICC had no jurisdiction over Myanmar, rejecting allegations of genocide as politically motivated.
Aung San Suu Kyi’s administration deflected the U.N.’s calls for prosecution, dismissing them as unfounded. This narrative was reinforced domestically, with many Myanmar citizens rallying behind the government’s stance, even as the international community condemned the violence against the Rohingya.
In 2019, as Aung San Suu Kyi prepared to defend Myanmar at the ICJ against accusations of genocide in a case brought by The Gambia, mass protests erupted in her support. Myanmar citizens, led by figures like Aung Thu, an Aung San Suu Kyi supporter, expressed unwavering loyalty, dismissing the evidence of mass atrocities as a foreign plot. “If a country’s leader says a lemon is sweet, we have to say it is sweet,” Aung Thu told Reuters, capturing the essence of the nationalistic loyalty that defined the period.
However, the military takeover of February 2021 radically shifted the political landscape. The military’s brutal crackdown on dissent exposed the extent of its power and disregard for democratic norms. The majority of Buddhist Burmese groups, once aligned with Aung San Suu Kyi’s administration, now found themselves targeted alongside other ethnic minority voices. This rupture forced many to reassess their views on the ICC and ICJ.
The military’s violent repression since the coup, including indiscriminate attacks on civilians and political opponents, has made the need for international accountability more urgent. Pro-democracy groups, including the NUG, have increasingly recognized that aligning with the ICC and ICJ is essential for holding the military accountable for its ongoing crimes against humanity. This includes the mass killings, torture, and forced displacement of civilians under Min Aung Hlaing’s command.
In a significant shift, the NUG formally accepted the ICC’s jurisdiction over crimes committed in Myanmar since 2002 and ICJ’s jurisdiction over the case brought by The Gambia. Yet, as the ICC moves forward with its investigation into the Rohingya genocide, pro-democracy groups must be forthright with the Myanmar people about the scope and limitations of the court’s actions.
Transparency Is Key
The NUG and pro-democracy groups must advocate for the Myanmar public regarding the specifics of the ICC’s current focus. The arrest warrant application is based on crimes committed during the 2016-2017 violence in Rakhine State, and does not address the ongoing violence under Min Aung Hlaing’s military since the coup, even though ICC may progress to this in the future. Clarity on this distinction is necessary to avoid confusion and prevent backlash from segments of the population that remain loyal to Aung San Suu Kyi’s leadership or resistant to recognition of fundamental rights for the Rohingya ethnic group.
There are four key reasons why transparency matters:
First, the ICC application provides a critical chance to advocate to the public on the realities of the Rohingya genocide and to acknowledge the rejection made by the previous NLD government in its handling of the crisis. Acknowledging past mistakes is crucial for building trust in the pursuit of justice and ensuring that the public is not misled about the nature of international intervention.
Second, it offers a chance to prevent further atrocities. The ongoing abuses against the Rohingya by other groups like the Arakan Army, which has even refused to use the word “Rohingya” to refer to the community, must not be ignored. Pro-democracy forces must take decisive action to prevent another round of mass killings and ensure that the Rohingya are protected from further persecution.
Third, there is the potential for broader accountability. As Khan indicated, the ICC may issue additional arrest warrants for other individuals involved in the Rohingya genocide. This could include high-ranking military officers and some civilian officials appointed by Aung San Suu Kyi’s government. The NUG has appointed Aung San Suu Kyi as state counselor and Win Myint as president, along with other figures from the previous government, including Dr. Win Myat Aye (Ministry of Humanitarian Affairs), who has faced accusations of genocide denial, and Daw Khin Ma Ma Myo, appointed Minister of Commerce, who has been linked to genocide-supporting rhetoric. Clear communication about these developments will help to prevent misunderstandings and encourage support for greater accountability under international jurisdiction.
Fourth, it may create momentum toward abolishing the 1982 Citizenship Law. A key step in addressing the root causes of the Rohingya genocide is the abolition of the law which denied the Rohingya their citizenship and laid the foundation for their systematic persecution. For true justice and reconciliation to occur, the NUG must take decisive action to grant full citizenship and ethnic rights to the Rohingya, acknowledging them as Myanmar’s citizens and ensuring their protection under the law.
A Just and Democratic Future for Myanmar
The evolution of Myanmar’s stance on the ICC reflects the profound changes in the country’s political and social fabric since the coup. The military’s betrayal of the democratic process has reshaped the national narrative, moving pro-democracy groups from a position against to one of pragmatic cooperation with international justice mechanisms. However, for this shift to succeed in the long term, Myanmar’s pro-democracy leaders must prioritize transparency and honesty in their communication with the public.
By clearly explaining the limitations of the ICC’s current action and acknowledging past mistakes, pro-democracy groups can build a foundation for a more informed, united effort toward justice. Therefore, this is crucial not only for securing accountability for the Rohingya genocide but also for ensuring a just and democratic future for Myanmar, free from military oppression.
