Historic steps towards justice and accountability Against this backdrop of the deepening humanitarian crisis for Rohingya in Bangladesh and Rakhine State, on 13 February a federal court in Argentina issued arrest warrants for 25 Myanmar military and civilian officials, including Commander-in-Chief Min Aung Hlaing and Deputy Commander-in-Chief Soe Win, for allegedly committing genocide and other atrocity crimes against the Rohingya.33 “This is a historic step towards justice for Rohingya and everyone in Burma [Myanmar] suffering under the Burmese military,” said Tun Khin, President of BROUK. “This brings a ray of hope to Rohingya who have suffered through decades of genocide, watching their families and culture be destroyed with impunity. It is also a victory for international justice at a time of growing violations of international law worldwide.”34 The universal jurisdiction case was opened following a petition filed in 2019 by BROUK and Tun Khin with the legal representation of Tomás Ojea Quintana, former UN Special Rapporteur for the human rights situation in Myanmar. Six courageous female Rohingya survivors have also joined the case as formal parties.35 On 18 March, Bangladeshi authorities arrested Arakan Rohingya Salvation Army (ARSA) leader Ata Ullah, along with nine of his known associates, on charges of murder, illegal entry, sabotage and militant activities.36 The Bangladeshi authorities have implicated Ata Ullah in the 2021 murder of prominent Rohingya human rights defender Mohib Ullah.37 His arrest came the same day as a report published by Fortify Rights detailing killings, abductions, and torture carried out against Rohingya civilians by ARSA and other Rohingya armed groups in the refugee camps in Bangladesh. 38 Rohingya civil society has repeatedly denounced these groups as criminal gangs who do not represent Rohingya communities or fight on their behalf.39 It is very difficult for Rohingya to speak out against ARSA and other groups operating in the camps, due to the very real risk of reprisal attacks. Some international media coverage chose to focus on a few dozen Rohingya refugees praying for the release of Ata Ullah – a tiny percentage among a 33 Those named in the Court’s request include 22 Burmese military officials and three civilians, including Aung San Suu Kyi and former president Htin Kyaw. In December 2023 BROUK requested international arrest warrants against military officials only. BROUK did not present any evidence regarding Aung San Suu Kyi and Htin Kyaw. Subsequently, in June 2024 the Argentinian Prosecutor independently decided to include civilians, such as Aung San Suu Kyi, in his request to the Court for arrest warrants. In response BROUK made a formal request to the court to ask them to consider the current political context in Myanmar and whether issuing arrest warrants for Aung San Suu Kyi and Htin Kyaw serves the best interests of justice at this time. However, the court decided to dismiss BROUK's request and issued arrest warrants for Aung San Suu Kyi and Htin Kyaw. 34 BROUK, ‘Argentina court issues international arrest warrant for Min Aung Hlaing – A historic step towards justice for Rohingya genocide’ (14 February 2025) available at <https://brouk.org.uk/argentina-court-issues-international-arrestwarrant-for-min-aung-hlaing-a-historic-step-towards-justice-for-rohingya-genocide-2/> accessed 16 May 2025. 35 Under the principle of universal jurisdiction, genocide, crimes against humanity, and war crimes can be investigated anywhere in the world regardless of where they were committed. For a comprehensive overview of the case and other international justice and accountability efforts for atrocity crimes alleged to have been committed by the Myanmar military, see Global Justice Center and BROUK, ‘Update: The Universal Jurisdiction Case Against Myanmar Officials’ (February 2025) available at <https://brouk.org.uk/qa-the-universal-jurisdiction-case-against-myanmar-officials/> accessed 16 May 2025. 36 Reuters, ‘Bangladesh arrests leader of Rohingya insurgent group on criminal charges’ (19 March 2025) available at <https://www.reuters.com/world/asia-pacific/bangladesh-arrests-leader-rohingya-insurgent-group-criminal-charges-2025-0319/> accessed 16 May 2025. 37 RFA, ‘EXPLAINED: Arrested ARSA leader blamed for violence against Rohingya refugees’ (23 March 2025) available at <https://www.rfa.org/english/asia/2025/03/23/bangladesh-rohingya-refugee-arsa-violence/> accessed 16 May 2025. 38 Fortify Rights, ‘Bangladesh: Hold Rohingya Militants Accountable for War Crimes, Cooperate with International Mechanisms’ (18 March 2025) available at <https://www.fortifyrights.org/bgd-inv-2025-03-18/> accessed 16 May 2025. 39 See for example, Joint Statement, ‘Rohingyas call for justice, equality, peaceful coexistence and inclusive governance in Arakan’ (23 December 2024) available at <https://brouk.org.uk/rohingyas-call-for-justice-equality-peaceful-coexistenceand-inclusive-governance-in-arakan/> accessed 16 May 2025. 8

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