In a landmark decision, an Argentinian court on Thursday (February 13) issued international arrest warrants for 22 Burmese military officials and three civilians, charging them with genocide and crimes against humanity for their role in the mass atrocities against the Rohingya community.
Among the high-ranking military officials named in the court's ruling are Commander-in-Chief Min Aung Hlaing, Deputy Commander-in-Chief Soe Win, and former Western Command head Maung Maung Soe. The officials face charges under Argentina’s penal code, including aggravated murder, sexual abuse, and torture.
The ruling stems from Argentina’s investigation into crimes against humanity in Myanmar, carried out under the principle of universal jurisdiction. This legal doctrine allows national courts to prosecute grave international crimes, regardless of where they were committed. The case was initiated in 2019 by the Burmese Rohingya Organisation UK (BROUK) and its president, Tun Khin, with legal support from former UN Special Rapporteur Tomás Ojea Quintana. Six female Rohingya survivors later joined the case, providing harrowing testimonies about the violence they endured during the Myanmar military’s brutal crackdown in Rakhine State in 2017.
The decision follows a recent request by International Criminal Court (ICC) Prosecutor Karim Khan for an arrest warrant against Min Aung Hlaing. Argentina’s ruling automatically triggers a request to INTERPOL to issue red notices in its 196 member states, potentially leading to the detention and extradition of the accused.
Despite the international legal pressure, Myanmar’s ruling junta is unlikely to comply with the order. Since seizing power in a military coup in February 2021, the junta has intensified its violent repression, killing thousands of political opponents, detaining tens of thousands more, and escalating armed conflicts across the country. In Rakhine State, the Rohingya continue to face systematic persecution, with reports of forced displacement, restricted access to humanitarian aid, and ongoing military assaults. International organizations have warned that conditions are deteriorating, further endangering the already vulnerable community.
The arrest warrants in Argentina add to the growing legal pressure on Myanmar’s military, complementing cases at the ICC and the International Court of Justice (ICJ). The Gambia’s case at the ICJ against Myanmar for genocide remains ongoing, with recent filings reinforcing allegations of systematic ethnic cleansing.
BROUK has welcomed the Argentinian court’s decision, emphasizing its significance for the Rohingya and other oppressed communities in Myanmar. “This is a historic step towards justice for Rohingya and everyone in Burma suffering under the Burmese military,” said BROUK President Tun Khin. “This courageous decision sends a clear signal that no one is above the law. These perpetrators will eventually have to stand trial for the unspeakable suffering they have inflicted.”
