International Criminal Court Prosecutor Karim Khan has warned that if violations of international law continue to escalate in northern Rakhine, a region in western Myanmar bordering Bangladesh, those responsible could face prosecution by the ICC.
The ICC investigation primarily focuses on past violations committed by Myanmar's military, particularly the crimes against the Rohingya population during the 2016-2017 crackdown.
However, Khan emphasized that the ICC’s mandate also extends to addressing ongoing violations. The Arakan Army's current activities in Rakhine may not fall under the ICC’s jurisdiction unless they are linked to international crimes within the court's scope.
In an exclusive interview with VOA via Zoom on Monday, Khan confirmed additional applications because he had already applied for an arrest warrant against Senior General Min Aung Hlaing on November 27.
While the current investigation focuses on crimes against the Rohingya, primarily in Rakhine, Khan's reference to additional applications indicates the ICC may also address other crimes.
Khan pointed out that while Myanmar is not a state party to the Rome Statute, the ICC has jurisdiction in the Rakhine cases because many victims have sought refuge in Bangladesh, which is a state party.
The Rohingya, a Muslim minority, endured decades of persecution in Myanmar, with a military crackdown in 2017 forcing over 700,000 to flee to Bangladesh. Myanmar’s military was already under investigation for war crimes prior to the 2017 crackdown. The ongoing investigation by the ICC focuses on alleged crimes committed during that period, including atrocities against the Rohingya. Since 2019, the ICC has been investigating crimes against humanity, focusing on the 2016-2017 violence against the Rohingya.
The following interview has been edited for brevity and clarity.
VOA: This arrest warrant for Senior General Min Aung Hlaing is the first to be sought for a high-ranking Myanmar official. How significant is this step in addressing impunity in Myanmar?
ICC Prosecutor Karim Khan: I think it’s very important that the victims, the Rohingya people, and many Burmese throughout Myanmar want justice and accountability. This is an issue the office has been examining since 2019. It's the first time my office has applied for arrest warrants in Southeast Asia, and the first warrant in the Myanmar-Bangladesh situation.
I believe this demonstrates our commitment to doing the best we can, with the resources available, to treat every human life equally. It doesn’t matter the color of someone's skin, their religion, nationality or where they are from. We are doing our best to apply the law equally and ensure accountability for those responsible for the enormous suffering the victims have endured, and continue to endure, due to the very serious crimes we allege took place.
VOA: Are further actions expected to be taken against others?
ICC Prosecutor Khan: Yes, absolutely. When I announced the application for arrest warrants, I also informed the Rohingya community and stated more broadly that additional applications would follow. I believe this is necessary because the scale of the alleged criminality is vast. Many individuals may be involved, and we need to send a clear message that we follow the evidence.
In relation to ongoing violations, people have a choice: they can either comply with the law or continue ignoring the rights of individuals and the principles of international law. If they choose the latter, we have the International Criminal Court, and we have jurisdiction because Bangladesh is a state party.
VOA: How does the ICC address jurisdictional challenges, given that Min Aung Hlaing has rejected the ICC's jurisdiction, citing Myanmar's non-membership and opposing the application?
ICC Prosecutor Khan: That's a great question. As you mentioned, Myanmar is not a state party to the Rome Statute and has not signed up. This means our jurisdiction is limited. However, our jurisdiction arises because its neighboring country, Bangladesh, is a state party. The judges of the International Criminal Court determined that when one of the elements of an offense takes place on the territory of a state party — like Bangladesh — we have jurisdiction.
In this case, we have jurisdiction because Bangladesh is a state party, and we are alleging the crimes of persecution and deportation. Deportation involves the crossing of international borders into the territory of another state, in this case, Bangladesh. This is what gives rise to our jurisdiction in this case.
VOA: You also highlighted the role of evidence from the Rohingya community and international partners. So how does this collaboration enhance your case’s credibility?
ICC Prosecutor Khan: Well, that relationship is basic and fundamental. The Rohingya community has endured so much for many years -- from 1978 to 1991, in 1992, and, of course, during the events of 2016 and 2017. We have done as much as we can to build and strengthen bonds with the Rohingya community, both in Bangladesh and around the world. The Rohingya have been displaced and have fled to many other parts of the globe, so we’ve worked to build strong partnerships with states, state parties, non-state actors and civil society organizations.
There have been tremendous hurdles because, despite their experiences and suffering, the Rohingya believe that the ICC can help bring justice and vindicate their rights. They have actively engaged in the International Court of Justice case brought by The Gambia and the OIC, and they’ve been very active in working with my team here at the Office of the Prosecutor.
It’s important to remember their stamina, their determination, and their belief that justice is their birthright -- it’s key to everything we do. What was very touching when I visited the Kutupalong refugee camp in Cox's Bazar was that the women I spoke with gave me a bag, and I shared a short video when I made the announcement. What they said was simple but profoundly deep: 'We belong to Myanmar. We, the Rohingya, belong to Myanmar. We want justice.'
These hand-sewn letters with such powerful words send an important message, one that we amplify in our applications for arrest warrants, which we’ve now submitted to the independent judges of the International Criminal Court. We ask the Rohingya community to continue engaging with us and to remain patient, as they have. We still have a long way to go, but an important step has been taken by making these applications public. Now, we must wait and see what the judges do, while we continue our work on other matters.
VOA: What message does this collaboration send to victims of atrocities around the world?
ICC Prosecutor Khan: I think the main message is that the law exists, and it doesn't belong to prosecutors like me, judges of the court, or lawyers. Justice is the birthright of every baby, every woman and every man around the world. Justice is the birthright of the Rohingya, just as it is for people in Latin America, other parts of Asia, Africa, the Middle East or Europe. It flows from being a member of the human race.
This is a message to people with power, with guns, with weapons, and the ability to cause great harm: you don’t have a license to do whatever you want. You have an obligation to comply with minimum standards of behavior -- standards that prohibit genocide, war crimes, and crimes against humanity.
This is not only a message to the alleged perpetrators of the crimes we are investigating or applying warrants for. It’s a message to people in different parts of the world right now. If you think you are above the law because you have power, guns, men, resources, or civilians under your control, think again. The law is in force. The law must apply to all.
We will do our part, along with our partners, to make the law stronger, more effective, and more comprehensive. We’ll do our best to ensure that it is applied more equally than it has been in the past. Achieving this requires a community of action. It requires partnerships and everyone — including your viewers and listeners — to realize that we cannot be mere spectators.
Don’t leave it to the Office of the Prosecutor. Don’t leave it to the International Criminal Court alone. Raise your own voice and be defenders of humanity. If we all feel that we are our brother’s and sister’s keeper — that we are citizens of this beautiful planet — we can make a difference.
But if we succumb to despair and despondency, we will witness more and more catastrophes around the world. The relevance of the law is clear as we see so many situations unraveling and worsening globally. This is an important message for your viewers: to join hands with people they may never meet, who are suffering from these blights of inhumanity in far too many places to count.