Diplomatic Correspondent

The Prosecutor of the International Criminal Court (ICC), Karim AA Khan, announced today his decision to file an application for an arrest warrant against Myanmar’s military leader, Senior General Min Aung Hlaing, before Pre-Trial Chamber I.

Following an extensive, independent, and impartial investigation, Khan’s office has concluded that there are “reasonable grounds” to believe that Min Aung Hlaing, who also serves as Commander-in-Chief of the Myanmar Defence Services and acting President of Myanmar, bears “criminal responsibility” for crimes against humanity.

These crimes, including deportation and persecution of the Rohingya, were committed in Myanmar and, in part, in Bangladesh.

This marks the first-ever application for an arrest warrant against a high-ranking official of the Myanmar government filed by the ICC Prosecutor’s office.

Since November 14, 2019, the ICC has been investigating allegations stemming from the waves of violence in Myanmar’s Rakhine State in 2016 and 2017, which led to the mass exodus of Rohingya refugees into Bangladesh.

In a statement issued today during his visit to Bangladesh, Khan outlined the allegations.

“My office alleges that these crimes were committed between August 25, 2017, and December 31, 2017, by Myanmar’s armed forces—the Tatmadaw—supported by the national police, border guard police, and non-Rohingya civilians,” he said.

The ICC prosecutor emphasized that the application is supported by extensive evidence, including witness testimonies—some from insider witnesses—documentary records, and authenticated scientific, photographic, and video material.

Khan also acknowledged the indispensable cooperation from states, civil society organizations, and international partners in gathering evidence.

“The steadfast support of the Rohingya community, the government of Bangladesh, and the United Nations Independent Investigative Mechanism for Myanmar has been pivotal in advancing our investigation,” Khan added.

Expressing gratitude, Khan lauded the resilience and cooperation of the Rohingya community.

“More than a million Rohingya have been forced to flee violence in Myanmar,” he said adding, “We are grateful to all who provided testimony, shared stories, and contributed information to this process.”

During his multiple visits to the Kutupalong camp in Cox’s Bazar over the last three years, including one on Tuesday, Khan met with Rohingya women, youth activists, and elders, all of whom called for justice and accountability.

“Their clarity, purpose, and resilience drive our efforts to ensure that their voices are heard,” he stated.

The application for Min Aung Hlaing’s arrest warrant is now in the hands of ICC judges, who will assess whether the evidence meets the necessary standards for issuance.

“If the judges issue the requested warrant, we will coordinate closely with the Registrar of the Court to facilitate the arrest,” Khan noted.

He underscored his office’s commitment to expediting investigations since his first visit to Bangladesh and announced plans to file additional applications.

“Today marks a significant milestone in reaffirming that the Rohingyas have not been forgotten. Like all people, they are entitled to the protection of the law,” Khan concluded.

Khan is currently visiting Bangladesh from November 25 to 28, during which he is engaging with various stakeholders, including Chief Adviser Professor Muhammad Yunus, to discuss ways to address crimes against humanity.