MYANMAR: ‘Justice means returning to our land and restoring the rights that have been taken away’
CIVICUS discusses attempts to hold the Myanmar regime accountable for atrocities against Rohingya people with Tun Khin, president of the Burmese Rohingya Organisation UK (BROUK). BROUK is a diaspora organisation that advocates for justice for the Rohingya and supports the community inside Myanmar and in exile.
In April, civil society organisations filed a genocide complaint against Myanmar’s President Min Aung Hlaing before Indonesian authorities, under the principle of universal jurisdiction. Min Aung Hlaing has led Myanmar since the 2021 military coup and became president in April following a sham election, despite facing multiple international legal proceedings over atrocities committed against the country’s Rohingya minority.
What does Min Aung Hlaing’s transition to president mean for accountability?
The military in Burma is no longer concerned with legitimacy. It is driven by control, repression and survival. Min Aung Hlaing’s assumption of the presidency exposes both the military’s impunity and the international community’s continued failure to act decisively.
In 2017, the Burmese military carried out a brutal campaign against Rohingya people, killing thousands, raping thousands of women and girls and forcing around a million people to flee for their lives. In 2018, the United Nations Fact-Finding Mission concluded there was evidence of genocidal intent by the Burmese military, a finding now reflected in multiple international legal proceedings. Yet almost a decade later, those responsible have faced no real consequences. The message this sends is that Rohingya lives are not valued.
Since 2023, conflict in Rakhine State has intensified, and Rohingya communities have faced grave abuses from both the Burmese military and the Arakan Army, an ethnic Rakhine armed group. This is the direct result of continued impunity, which has emboldened both forces and enabled widespread atrocities against Rohingya communities.
Without decisive action through legal accountability, targeted sanctions and sustained pressure, the cycle of violence will continue. Rohingya people have no time to waste.
How significant is Indonesia’s recognition of universal jurisdiction?
Indonesia’s acceptance of the case under its new penal code is an important step, particularly since Indonesia is a member of the Association of Southeast Asian Nations (ASEAN). The complaint includes serious allegations of genocide, torture, mass rape, persecution and the deliberate imposition of conditions intended to destroy the Rohingya people. It reflects the scale of what happened in 2017 and what continues today.
We also welcome moves from Timor-Leste, another ASEAN member, to challenge a longstanding culture of impunity. This case adds to a growing body of legal action. Our own universal jurisdiction case in Argentina has already led to arrest warrants against Min Aung Hlaing and other military leaders.
There are also proceedings at the International Criminal Court, where the prosecutor requested warrants for military leaders in 2024. Additionally, the International Court of Justice (ICJ) case brought by The Gambia is progressing, with a judgment expected in the coming months.
Accountability is advancing step by step across multiple legal pathways, not through one process alone. These legal processes offer genuine hope. This is what Rohingya people have been demanding for many years. If backed by action, these efforts could mark a turning point, signalling that impunity for these crimes is no longer accepted.
Why has Min Aung Hlaing faced no consequences, and how can that change?
Arrest warrants must be enforced, and so far they have not been. In Argentina, arrest warrants have been issued under universal jurisdiction, yet Min Aung Hlaing continues to travel internationally without restriction. For example, last year he was able to attend the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation summit in Thailand and meet regional leaders, including from India. Despite his role in genocide and crimes against humanity, he continues to move freely.
This sends a damaging message. Even the most serious violations of international law are not being punished. That only emboldens those responsible. Meanwhile, the Burmese people continue to resist military rule, risking their lives every day while facing relentless attacks and receiving very limited international support.
If the international community is serious about accountability, it must act decisively. The ICJ case includes provisional measures ordered in 2020 to protect Rohingya people, yet these continue to be grossly violated. With a judgment expected, accountability will depend on enforcement, including through meaningful action by the United Nations Security Council. This is why the UK, as Security Council penholder on Burma, must play a leading role. Without enforcement, impunity will continue.
What does life look like for Rohingya people five years after the coup?
Five years on, genocide continues in multiple forms. In Rakhine State, hundreds of thousands remain trapped under a system of apartheid, denied freedom of movement and access to basic livelihoods, education and healthcare. These conditions amount to ongoing crimes against humanity and ethnic cleansing.
Rohingya communities face abuses from both the Burmese military and the Arakan Army. Restrictions on aid and movement, extortion, forced recruitment and severe humanitarian pressure are widespread. Aid blockades and food shortages have pushed some communities towards starvation. Many face daily struggles simply to survive.
Across Burma, civilians endure mass atrocities. Villages are bombed, families displaced and essential services destroyed, in clear violation of international humanitarian law and the Geneva Conventions. We have seen this pattern before and we know where it leads. Civil society organisations operate under extreme pressure but continue to document abuses and support their communities.
What does justice mean for Rohingya survivors, and what must the international community do to deliver it?
Justice means more than legal cases. It means returning to our land, going back to our villages and restoring the rights that have been taken away from us by the Burmese military. For survivors, accountability is about dignity, restoration and the possibility of rebuilding lives in their homeland.
Legal action on its own will not change the reality on the ground. Rohingya communities and Burmese people as a whole cannot wait while violations continue. I hear the same message again and again from survivors: ‘Brother, we want justice’.
The international community must move beyond statements of concern to decisive action, including by enforcing arrest warrants, ensuring Security Council action, providing support to Burmese people resisting military rule and sustaining pressure on perpetrators.
The Rohingya people have waited long enough. Every delay comes at the cost of more suffering for Rohingya people still trapped in Rakhine State.
CIVICUS interviews a wide range of civil society activists, experts and leaders to gather diverse perspectives on civil society action and current issues for publication on its CIVICUS Lens platform. The views expressed in interviews are the interviewees’ and do not necessarily reflect those of CIVICUS. Publication does not imply endorsement of interviewees or the organisations they represent.