Argentina to open Rohingya genocide case
The Argentinian judiciary has taken a historic decision of opening a court case against the Myanmar military, including army general Min Aung Hlaing, over genocide against the Rohingya.
On November 26, the Second Chamber of Argentina's Federal Criminal Court in Buenos Aires confirmed the step under the principle of universal jurisdiction, said the Burmese Rohingya Organisation UK (BROUK) yesterday.
Universal jurisdiction holds that some crimes are so horrific that they can be tried anywhere. This will be the first universal jurisdiction case related to the situation of the Rohingya.
BROUK first petitioned the Argentinian judiciary to open such a case in November 2019, two years after some 750,000 Rohingyas fled a military crackdown. The UN said it is the hallmark of genocide and a classic example of ethnic cleansing.
The International Court of Justice and the International Criminal Court are separately investigating the genocide case.
The case in the Argentine court includes the particular situation of six women who were raped, tortured and in many cases their husbands and children killed during that genocidal campaign in Rakhine.
"This is a day of hope not just for us Rohingya but for oppressed people everywhere. The decision in Argentina shows that there is nowhere to hide for those who commit genocide -- the world stands firmly united against these abhorrent crimes," said Tun Khin, president of BROUK.
"This is not just about accountability for Rohingya but for everyone who has suffered under the Myanmar military's brutal reign. This includes the thousands killed, injured, tortured or disappeared since the coup in February this year."
The case in Argentina will cover the full range of crimes committed against the Rohingya in Myanmar, unlike the ICC case, which is limited to only crimes that have at least partially been committed on Bangladeshi territory.
Investigations by BROUK's legal team will begin immediately. If those responsible refuse to heed summons to attend Court hearings in Argentina, BROUK will reach out to international criminal justice bodies such as Interpol for issuing arrest warrants.
A key part of the process will be to ensure that Rohingya victims themselves can testify in Argentina.