ICC – Situation of Bangladesh/Myanmar
On 14 November 2019, the Prosecutor of the International Criminal Court (ICC) was authorised by ICC judges to investigate alleged crimes related to the forced deportation of an estimated 600,000 to one million Rohingya from Rakhine State in Myanmar across the border into Bangladesh. The Prosecutor was also authorised to investigate any other crimes linked to the situation and within the ICC’s jurisdiction.
In June 2020, the UN Human Rights Council called for close and timely cooperation between the Mechanism and the ICC (resolution 43/26). The Mechanism has been engaging regularly with the Office of the Prosecutor and sharing ievidence and analysis.
On 27 November 2024, the Office of the Prosecutor announced that it had filed a request with the court for an arrest warrant for Senior General Min Aung Hlaing, Commander-in-Chief of the Myanmar Defence Services, for the crimes against humanity of deportation and persecution of Rohingya.
It will now be up to ICC judges to review the evidence and decide whether to issue the arrest warrant.
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What is the ICC?
The ICC is an international court that investigates and tries individuals accused of serious international crimes including genocide, war crimes and crimes against humanity.
How does the ICC Prosecutor decide what to investigate?
The ICC Prosecutor can start an investigation in several ways:
Request from a country: Any country that is a member of the ICC can ask the Prosecutor to investigate crimes. A country that is not a member can also allow the Prosecutor to investigate crimes committed on its territory or by its nationals.
Referral by the UN Security Council: The UN Security Council can refer situations to the Prosecutor for investigation.
Prosecutor’s initiative: The Prosecutor can start an investigation on their own initiative if the crimes were committed by nationals of a country that is a member of the ICC or that has accepted ICC jurisdiction, or if the crimes occurred in the territory of such a country. In these cases, the Prosecutor must first receive permission from ICC judges.
Can the ICC Prosecutor investigate crimes committed in Myanmar?
In November 2019, ICC judges authorized the Prosecutor to open an investigation into the situation in Bangladesh/Myanmar following the Prosecutor’s request. While Myanmar is not a member of the ICC, the judges ruled that the ICC has jurisdiction over the situation because part of the alleged crimes took place in Bangladesh, which is an ICC member.
The judges found a reasonable basis exists to believe that crimes against humanity related to the deportation of hundreds of thousands of Rohingya from Myanmar into Bangladesh may have been committed. They also authorised the Prosecutor to investigate any other crimes linked to the situation and within the ICC’s jurisdiction.
How does the IIMM support the ICC’s investigation?
The IIMM closely cooperates with the ICC Prosecutor’s Office and has shared a large volume of evidence and analysis, including witness statements. The IIMM has also jointly interviewed several victims of sexual violence and crimes against children with the ICC.
What does the ICC Prosecutor’s request for an arrest warrant for Min Aung Hlaing mean?
The ICC Prosecutor believes that there is enough evidence that Min Aung Hlaing bears criminal responsibility for crimes against humanity. ICC judges will now review the evidence and decide whether to issue the arrest warrant. If issued, Min Aung Hlaing could face trial at the ICC if he is arrested and handed over to the ICC. However, since Myanmar is not a member of the ICC, it is not obligated to arrest suspects under an ICC arrest warrant.
What crimes are included in the ICC Prosecutor’s request? Why isn’t genocide one of them?
The ICC Prosecutor’s request covers crimes against humanity related to the deportation and persecution of Rohingya, committed in Myanmar and in part in Bangladesh between 25 August 31 December 2017. The Prosecutor’s jurisdiction and current investigation is limited to crimes that were committed, at least in part, on the territory of Bangladesh, as Bangladesh is a member of the ICC. This limits the range of crimes that could be included in arrest warrant requests by the ICC Prosecutor’s Office.
Does the ICC Prosecutor’s request cover recent crimes?
The request focuses on crimes committed during the Myanmar Armed Forces’ clearance operations against the Rohingya in 2017.
Meanwhile, the IIMM is investigating serious international crimes committed by all perpetrators, including recent atrocities in Rakhine State, as part of its mandate to collect, preserve, analyze and share evidence of the most serious international crimes committed in Myanmar since 2011.
Will the ICC Prosecutor request arrest warrants for other people?
The ICC Prosecutor announced that this is the first request for an arrest warrant against a high-level Myanmar official, and that more will follow. The Prosecutor can request more arrest warrants if there is enough evidence linking other individuals to crimes within the ICC’s jurisdiction.
Meanwhile, the IIMM continues its independent investigations into serious international crimes committed against the Rohingya in Myanmar and will continue to share evidence and analysis with the ICC Prosecutor’s Office.
