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4:36pm 10/12/2024
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ICC’s arrest warrant for Myanmar junta chief is a critical step forward
By:Yuyun Wahyuningrum / The Jakarta Post / ANN

The announcement by International Criminal Court (ICC) Prosecutor Karim Khan, requesting an arrest warrant for Myanmar’s military commander-in-chief, Senior General Min Aung Hlaing, represents a significant milestone in the global pursuit of justice.

This marks the ICC’s first action against Myanmar, specifically targeting crimes against humanity, including the deportation and persecution of the Rohingya.

For millions who have endured decades of systematic oppression, displacement and violence, this move is more than symbolic, it is an overdue acknowledgment of their suffering.

A panel of three ICC judges will now determine whether sufficient evidence exists to hold Min Aung Hlaing accountable for these crimes.

While no fixed timeline governs the decision, similar deliberations typically take around three months.

If approved, this would send a resounding message: Impunity is no longer assured.

As Indonesia’s representative to the ASEAN Inter-governmental Commission on Human Rights (AICHR), I welcome this development.

It underscores the international community’s resolve to combat impunity and seek accountability for some of the most heinous atrocities of our time.

The ICC’s request follows a painstaking five-year investigation into the brutal campaign of terror unleashed on the Rohingya during 2016 and 2017.

These atrocities, often referred to as the “Rohingya genocide,” included mass killings, widespread sexual violence and the complete destruction of villages.

Over 750,000 Rohingya were forcibly displaced to Bangladesh, joining hundreds of thousands already exiled by earlier waves of violence.

The human toll has been staggering: At least 10,000 killed and countless others scarred physically and emotionally.

Yet, while this development offers a glimmer of hope, it is not enough. The ICC’s jurisdiction is limited to crimes committed during a specific timeframe in 2017 and focuses solely on the Rohingya.

This narrow scope risks overshadowing the on-going atrocities perpetrated by the Myanmar military, particularly following its 2021 coup.

Since then, the junta has intensified its campaign of violence, resulting in over 6,000 deaths and displacing more than 3 million people.

Justice must encompass both past and present crimes to comprehensively address the military’s brutality.

Moreover, the plight of Rohingya refugees continues.

Nearly a million remain trapped in overcrowded camps in Bangladesh, where they endure malnutrition, disease, violence and a lack of basic rights such as education and livelihoods.

For them, the ICC’s pursuit of justice is a distant process, offering little immediate relief from their grim reality.

It is essential to address not only accountability, but also the root causes of their plight and the broader humanitarian crisis.

The ICC’s actions, while significant, do not operate in isolation. They complement parallel efforts, such as The Gambia’s case at the International Court of Justice (ICJ), which accuses Myanmar of violating the Genocide Convention.

Additionally, the Independent Investigative Mechanism for Myanmar (IIMM), established by the United Nations, continues to collect evidence of crimes committed since 2011, including those post-coup.

However, challenges persist: The ICJ case has faced procedural delays and Myanmar’s junta has shown little willingness to cooperate.

The ICC’s success, therefore, hinges on robust support from regional and global actors.

One of the most glaring gaps in the fight for justice has been the regional response, particularly from ASEAN.

For far too long, ASEAN’s adherence to its principle of non-interference has rendered it ineffective in addressing the Myanmar crisis.

Despite adopting a Five-Point Consensus in 2021, the bloc has achieved little, as the military junta continues to defy both regional and international pressures.

This inertia undermines ASEAN’s credibility and betrays its stated commitment to human rights and justice.

The ICC’s arrest warrant request challenges the systemic impunity that has allowed Myanmar’s military to act with brutality for decades.

By targeting Min Aung Hlaing, the ICC undermines the junta’s legitimacy, both internationally and within ASEAN.

This move sends a powerful signal to Myanmar’s beleaguered population that their suffering has not been forgotten and that justice remains a possibility.

It also further isolates the junta, even among ASEAN member states, some of whom are increasingly uneasy about associating with a regime accused of war crimes.

However, legal accountability alone will not suffice. Justice for Myanmar’s victims demands sustained political will, coordinated regional and international efforts and an unrelenting commitment to human rights.

ASEAN must rise above political expediency and reaffirm its dedication to justice and accountability. By doing so, it can meaningfully contribute to the global fight against impunity and restore its credibility as a regional body committed to human rights.

This moment should also serve as a wake-up call for ASEAN to abandon its inertia and adopt a united stance.

The bloc’s failure to act decisively not only shields perpetrators, but also perpetuates suffering.

ASEAN must seize this opportunity to reassert its moral and political obligations, aligning itself with international efforts to hold Myanmar’s junta accountable.

ASEAN must also prioritise humanitarian assistance to displaced communities, guaranteeing their safety, dignity and basic needs.

Furthermore, the bloc should advocate for conditions that enable the Rohingya’s safe and voluntary repatriation, free from the threat of military tyranny.

The ICC’s arrest warrant request is not the end but a critical beginning. It represents an important step in the long and arduous journey toward justice for the Rohingya and all of Myanmar’s marginalised communities.

However, it is now up to ASEAN, the UN and the international community to build on this momentum. This includes amplifying the ICC’s work, ensuring the protection of displaced communities and supporting Myanmar’s democratic movement.

Only through collective action can we hope to address the horrors faced by the Rohingya and other victims of the junta’s oppression.

Together, regional and global actors can pave the way for a future grounded in justice, accountability and human dignity, a future where Myanmar’s people, including the Rohingya, can live in peace and security.

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