In a historic development for Myanmar, Rohingya women described in a court of law, under the aegis of universal jurisdiction, how the Myanmar military carried out a brutal massacre in their village.
Speaking remotely to the Federal Criminal Appeals Court in Bueno Aires, Argentina, from the world’s largest refugee camp in Cox’s Bazar, Bangladesh, the women told how soldiers killed their husbands in Chuk Pyin, Rakhine, Myanmar.
They said soldiers killed hundreds of people, some women were raped before being killed. The soldiers went on to rape many other women in their village and then burned their homes to the ground.
The women were themselves victims of sexual violence by security forces in Rakhine State before they fled to Bangladesh in 2017. The names of the victims have been withheld for safety reasons, read a press statement of Burmese Rohingya Organisation UK (BROUK) on Wednesday.
“This is a historic moment for Rohingya brothers and sisters everywhere. We have been fighting for justice for the genocide against us for decades, but this is the first time anywhere in the world that a Rohingya has a chance to sit in person in front of a court of law, impartial and independent, to talk about the crimes against us,” said Tun Khin, President of BROUK at the hearing.
On 13 November 2019, BROUK petitioned Argentinean courts to open an investigation into the role of Myanmar’s civilian and military leaders in committing genocide and crimes against humanity against the Rohingya.
Under the principle of universal jurisdiction, such crimes can be investigated anywhere in the world regardless of where they were committed. The hearing on 17th August 2021 forms part of this process in which the Argentinian judiciary is considering whether to take up the case.
Since 2019, developments at the International Criminal Court (ICC) and the International Court of Justice (ICJ) have added momentum to international justice for the Rohingya genocide.
At the same time, many experts – including the UN Fact-Finding Mission on Myanmar – have urged states to pursue universal jurisdiction cases against the Tatmadaw and its allies.
If the case is accepted by the Argentinian judiciary, it will be the first universal jurisdiction case related to the situation of the Rohingya anywhere in the world.
The case in Argentina will cover the full range of crimes committed entirely in Myanmar against the Rohingya, including mass murder, enforced disappearances, widespread torture, sexual violence, and mass imprisonment.
This is different from the ICC case, which is limited to only crimes which have at least partially been committed on Bangladeshi territory.
Among those named in the case are Senior General Min Aung Hlaing, the Tatmadaw Commander-in-Chief, currently self-appointed Prime Minister of Myanmar, and other high-ranking military officials.
“For decades, the Myanmar military has with impunity tried to wipe the Rohingya out as a people. With Myanmar both unwilling and unable to investigate itself – especially since the coup – the international community must step in and support all justice efforts,” said Tun Khin.
During the hearing, the President of the Appeal Court said that they will issue a prompt decision, expected in the coming days. Ojea Quintana has said BROUK will take the case to the Argentinian Supreme Court, if necessary.
