Myanmar's junta orchestrated a huge parade in the capital, Naypyidaw, on May 27, 2023, just days after the United States imposed fresh sanctions against the military for perpetrating “pain and suffering on the people of Burma.”
Since the coup, the military has been accused of conducting massacres and widespread rights abuses, including air strikes and war crimes against civilians. Putting aside the economic sanctions, what about the accountability of the Junta government for conducting an illegal war against its own people?
The International Criminal Court (ICC) has issued an arrest warrant against the Russian president, Vladimir Putin, on charges of war crimes in Ukraine. On March 17, 2023, the ICC announced the issuance of the arrest warrant. It came a day after a United Nations investigation team accused Russia of widespread war crimes in Ukraine. Added to that, the warrant was issued at a time when Chinese president, Xi Jinping, was scheduled to visit Russia. On this note, the question arises whether ICC is and has been partial in prioritizing the issue?
Moscow described the warrant issue as “legally invalid” as it does not recognize the International Court of Justice in The Hague, Netherlands. Former Russian President Dmitry Medvedev reacted more strongly and protested against the issuance of the warrant, calling it “toilet paper.”
Since the beginning of the military operation in Ukraine on February 24 last year, Russia has been denying the allegations of any kind of atrocities in the country. Similarly, the Myanmar military has been waging a war against its own people since the February coup, two years' back. How far will ICC go in bringing the junta chief to book?
A civil war has been imposed on Myanmar without paying heed to international law. Everyone is aware of the situation there thanks to the international media. Readers also know that on the morning of February 1, 2021, the Tatmadaw successfully deposed the elected NLD government and formed a military junta. Ever since, the common people of Myanmar have suffered.
After the coup, the National Unity Government, which formed the resistance forces against the junta, became the focal point of the opposition. Tens of thousands of people were evicted by the junta's attacks from numerous villages and cities.
In February 2023, on the second anniversary of the coup, Min Aung Hlaing acknowledged that he had lost firm authority over "more than a third" of the townships which provoked them to extend state of emergency and declare martial law over 50 townships.
According to the UNHCR, as of March 6, 2023, an estimated 1,704,000 internally displaced people (IDPs) were reported across the country including 1,376,000 people newly displaced. Over 75,400 fled into neighbouring countries since the coup. Considering the scale of the crime under international law, it is easy to understand how Min Aung Hlaing is responsible.
War crimes during wartime include “torture, mutilation, corporal punishment, hostage-taking, and acts of terrorism,” according to the International Criminal Court's declaration on its website. Again, in terms of human dignity, activities such as rape, forced prostitution, looting, and extrajudicial killings are also war crimes, and the ICC has jurisdiction over these cases.
War crimes are identified according to the Geneva Convention of 1949. Article 8 of the Rome Statute, on which the ICC is based, states that intentional killing, torture, or inhuman treatment are also war crimes. Torture of prisoners of war, illegal deportation or transfer, or illegal detention are also included in this crime. If you look at the news published in the media, you will get the answer to this question, whether Hlaing has committed these crimes or not.
The atrocities against the Rohingya have been considered “genocide” by the US Department of State, and Min Aung Hlaing has been sanctioned for the perpetration against his own people. The attacks have taken the humanitarian disaster to an extreme level. The US, UK, and EU, all imposed fresh sanctions against the military junta.
According to the Assistance Association for the Political Prisoners (AAPP), more than 3,182 people have been killed, 20,925 arrested, and 17,058 detained since the coup. Among them, 572 children have been arrested and 309 children have been killed by the military junta. The western media have published such atrocities, but their actions are yet to be seen.
The ICC says Putin is suspected of involvement in the illegal removal and displacement of children from Russian-occupied territories in Ukraine to Russia. For this, he has been brought under trial. But what will happen to Min Aung Hlaing who is perpetrating and killing children in Myanmar?
Any war criminal should be tried. In that regard, bringing the Russian president to justice is a watershed event. If we take such crimes into consideration, the question arises: Why is there no arrest warrant issued against Min Aung Hlaing?
Dr Shafik A Rahman is a Postdoctoral Fellow, International Relations of Southeast Asia at the National University of Singapore.
