Universal jurisdiction
The case in Argentina
Argentina is the first country where national authorities have opened an investigation into alleged serious international crimes committed against the Rohingya in Myanmar under the principle of universal jurisdiction.
In November 2019, the Burmese Rohingya Organisation UK filed a petition on behalf of Rohingya victims requesting the Argentinian courts to open an investigation into the role of Myanmar’s military and civilian leaders in committing genocide and crimes against humanity against the Rohingya.
In November 2021, an investigative judge of the Federal Criminal Court of Argentina commenced investigations, and in 2022, delegated investigative powers to the Federal Prosecutor’s office. Since then, the Mechanism has been assisting and sharing evidence with the Prosecutor’s office following a request for its support.
In June 2024, the Argentine Prosecutor petitioned the Federal Criminal Court to issue 25 arrest warrants for the crime of genocide and crimes against humanity committed against the Rohingya.
What is universal jurisdiction?
This principle means that some crimes are so serious in nature that a national court may, depending on their laws, prosecute alleged perpetrators even if there is no connection between the crime and that country. Based on universal jurisdiction, perpetrators of serious international crimes may be prosecuted by a national court irrespective of where the crimes were committed or the nationality of the perpetrator or victim.
For more information, see the OHCHR website.
How does the Mechanism support universal jurisdiction cases?
The Mechanism has a mandate to support universal jurisdiction cases that concern serious international crimes committed in Myanmar through sharing evidence and analysis with relevant investigative, prosecutorial or judicial authorities, as long as the jurisdiction in question provides basic guarantees for a fair trial that meets international standards and cannot impose the death penalty.
Since 2021, the Mechanism has been an Associate Member of the European Network for investigation and prosecution of genocide, crimes against humanity and war crimes, also known as the European Genocide Network. This enables cooperation with national investigative and prosecutorial authorities across Europe and other jurisdictions.
Other developments
Turkey
In March 2022, the Myanmar Accountability Project submitted a complaint to the Prosecutor’s Office in Istanbul concerning crimes committed by the military following the coup. The Turkish authorities have yet to announce a response to the complaint.
Germany
In January 2023, 16 applicants from Myanmar, supported by the non-governmental organization Fortify Rights, submitted a criminal complaint to the Federal Public Prosecutor General of Germany against senior military officials and others. The Federal Prosecutor rejected this complaint in September 2023.
Philippines
In October 2023, five victims and their families filed a joint criminal complaint before the National Prosecution Services in the Philippines alleging the commission of certain war crimes in Chin State, Myanmar, in 2021. The Philippines authorities have yet to announce its response to the complaint.
United Kingdom
The Counter Terrorism Command of the UK Metropolitan Police has opened structural investigations for each of the situations under investigation by the International Criminal Court, which includes Bangladesh/Myanmar. This means that they are identifying potential witnesses and examining the alleged crimes.
