China has pushed back against the International Criminal Court (ICC) as the tribunal considers issuing an arrest warrant for Myanmar’s junta leader, Min Aung Hlaing, over alleged crimes against humanity.

The ICC's chief prosecutor, on Wednesday, requested judicial approval for the warrant, citing Min Aung Hlaing’s “criminal responsibility for crimes against humanity” linked to military crackdowns on Rohingya Muslims in 2017.

Addressing the matter, Chinese Foreign Ministry spokeswoman Mao Ning stated during a press conference, “The Rohingya issue is complex and the ICC should uphold an objective and impartial stance, strictly follow the principles of complementarity and cooperation, [and] exercise its functions and powers prudently in accordance with the law.”

Mao emphasized that under the Rome Statute, “the court has no jurisdiction over acts committed by nationals of non-state parties on the territory of a non-state party unless referred to it by the UN Security Council.” Myanmar, notably, is not a signatory to the statute.

The Myanmar junta, on its part, reiterated its stance, asserting on Wednesday that it has “never recognized” the court.
“As Myanmar is not a member state of the ICC, the statements of the ICC have never been recognized,” the junta’s information team declared.

China’s relationship with Myanmar remains significant. As a primary ally and supplier of arms to the regime, Beijing has vested interests in Myanmar’s strategic access to the Indian Ocean and its reserves of rare earth metals. The country also plays a critical role in China’s Belt and Road Initiative.

Since the junta’s coup against Myanmar’s democratically elected government in 2021, China has supported the regime, including using its UN Security Council veto to block actions against the military leadership. Simultaneously, China has been pressuring ethnic armed groups along its border with Myanmar to reduce resistance against the junta.

Earlier in November, Min Aung Hlaing visited China for the first time since the coup. During the visit, he received Beijing’s political backing and pledged to protect Chinese investments and advance Belt and Road projects in Myanmar “where possible.”

 

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