Facts
On 25 August 2017, a military crackdown started in Myanmar against the Rohingya people after militants allegedly attacked police posts in Rakhine State. The violent repression forced more than 740’000 civilians to flee massacres, extrajudicial executions and sexual violence.
The United Nations Independent International Fact-Finding Mission in Myanmar concluded that soldiers systematically used rape, gang rape and other violent and forced sexual acts against women, girls, boys, men and transgender people. The UN investigators qualified this severe repression as “genocide” and declared that the generals at the head of the country’s army must answer charges of genocide in northern Rakhine State as well as accusations of crimes against humanity and war crimes in the States of Rakhine, Kachin and Shan.
Procedure
The Burmese Rohingya Organisation UK (Brouk) filed a lawsuit on 13 November 2019 before the Argentinian authorities for alleged genocide and crimes against humanity committed against the Rohingya people, including mass killings allegedly committed in August 2017.
On 14 November 2019, a Pre-Trial Chamber of the International Criminal Court (ICC) authorized the Office of the Prosecutor to investigate alleged crimes of deportation, persecution and any other crime within the ICC’s jurisdiction committed against the Rohingya people in Rakhine State. This authorization follows the lawsuit filed by The Gambia against Myanmar at the International Court of Justice on 11 November 2019.
On 29 May 2020, Argentina’s Federal Criminal Chamber 1 opened an investigation against Myanmar’s leader Aung Sang Suu Kyi and senior military officials over crimes of genocide committed against the Rohingya people.
On 12 July 2021, the Argentinian lower court dismissed the case based on the existence of an ongoing investigation by the ICC of crimes committed against the Rohingyas. The complainant appealed the decision.
On 26 November 2021, the Argentinian Federal Court ordered the judicial authorities to investigate the crimes against humanity and genocide allegedly committed against the Rohingya people. The Court stated that by virtue of the nature of such crimes, it is the obligation of all states, under peremptory norms of international law, to conduct a preliminary investigation into harmful acts that violate the peace, security and welfare of mankind.
The Federal Court underlined that the existence of the Independent Investigation Mechanism for Myanmar for the collection of evidence would facilitate the complex task of collecting evidence in this case.
On 28 June 2024, the federal prosecutor submitted a request to the Federal Court to issue arrest warrants and Interpol Red Notices for 25 officials, military personnel and police officers, including former state counsellor Aung San Suu Kyi, acting president and commander-in-chief of the armed forces Min Aung Hlaing and former president of Myanmar Htin Kyaw. The Federal Court will decide whether to grant the request and issue arrest warrants.
On 27 November 2024, the prosecutor of the ICC filed an application to the pre-trial chamber for a warrant of arrest for Min Aung Hlaing. The pre-trial chamber will determine whether to issue an arrest warrant.
On 13 February 2025, a court in Argentina issued international arrest warrants for Min Aung Hlaing, two civilian leaders, including Aung San Suu Kyi, and 22 other military officials.