Secretary-Basic at Amnesty International, Agnès Callamard, welcomed on Wednesday the Worldwide Legal Courtroom (ICC) Prosecutor Karim Khan’s decision to hunt an arrest warrant for Myanmar army chief, Min Aung Hlaing relating to alleged crimes in opposition to humanity dedicated in opposition to the Rohingya minority.
Callamard said:
At this time’s announcement by the ICC prosecutor is a decisive step and an vital sign – each for Myanmar and the remainder of the world – that those that are allegedly answerable for crimes underneath worldwide regulation will likely be sought to face arrest and trial, regardless of how highly effective they’re or how lengthy they’ve escaped scrutiny. The cycle of impunity in Myanmar needs to be damaged now.
Primarily based on the results of the unbiased and neutral investigation course of carried out in 2019, the prosecutor concluded that Min Aung Hlaing is answerable for the crimes dedicated by the armed forces of Myanmar, the Tatmadaw with the assist of the nationwide police, the border guard police and non-Rohingya residents inside the 4 months from August 25, 2017, and December 31, 2017. The Prosecutor emphasised that the appliance was his workplace’s (OTP) first for an arrest warrant in opposition to a high-level Myanmar official.
No time restrict is imposed on the ICC judges’ determination relating to the arrest warrant. If an arrest warrant is issued, Min Aung Hlaing should seem at trial per Article 58(1)(b) of the Rome Statute. ICC member international locations are obligated to arrest and switch him to the courtroom if he enters the territory underneath Article 86 of the Statute.
Though Myanmar isn’t an ICC member state, the OTP’s investigation course of was initiated as a result of graved crimes set off the courtroom’s jurisdiction over non-member states underneath Article 13 of the Statute.
Myanmar’s army regularly dedicated quite a few war crimes and crimes in opposition to humanity because the 2021 coup. Aside from the United Nations Security Council’s December 2022 Resolution condemning the army’s violence after the 2021 coup, Myanmar’s scenario has not been referred to the ICC as a result of anticipated vetoes by China and Russia, in keeping with Human Rights Watch.
Amnesty Worldwide highlighted that the UN Safety Council’s referral of Myanmar’s scenario to the ICC might strengthen this transfer.
Source / Picture: jurist.org
