Rohingya Muslims Testify in Argentine Court on Genocide Charges

The hearing, taking place in Argentina, operates under the principle of "universal jurisdiction" as outlined in the country's constitution. This principle allows for the trial of alleged perpetrators, even if they are located thousands of miles away.

Tun Khin, the president of the London-based advocacy group Burmese Rohingya Organisation UK (BROUK), which filed the complaint with the Federal Criminal Correctional Court in Buenos Aires, described the proceedings as a "historic fight for justice."

The hearings, scheduled until June 13, will feature seven Rohingya witnesses who will testify before federal prosecutor Guillermo Marijuan. Marijuan is responsible for gathering evidence in the case.

The 46-page criminal complaint focuses on the violence that occurred in 2012 and 2018, resulting in the displacement of approximately 1 million Rohingyas from Myanmar, most of whom sought refuge in neighboring Bangladesh, where many continue to live in dire conditions.

The document provides chilling details of the atrocities committed by Myanmar's military, known as the Tatmadaw, and their civilian supporters, including gang rapes, beheadings, and the intentional destruction of towns and villages through arson.

The complaint ultimately seeks to identify the perpetrators and take necessary measures, such as their arrest or extradition, for them to be interrogated by a judge. Akila Radhakrisan, the head of the New York-based Global Justice Center, emphasized that this effort is part of a larger pursuit of accountability and truth.

However, Radhakrisan acknowledged that cases like this can take years to be resolved, citing the recent arrest of a fugitive involved in the 1994 Rwandan massacre as an example of the lengthy process.

Officials noted that the public shaming and the issuance of arrest warrants against the perpetrators in Myanmar could restrict their travel and act as a deterrent for others worldwide who might engage in similar human rights abuses.

Prosecutor Marijuan is currently in the evidence collection phase, which includes the courtroom testimonies and extensive information gathered by the UN-backed Independent International Fact Finding Mission on Myanmar from 2017 to 2019. The fact-finding mission conducted interviews with numerous witnesses in Myanmar and Bangladesh.

The accused individuals mentioned in the complaint include Senior Gen. Min Aung Hlaing, the head of Myanmar's armed forces and ruling junta, as well as senior officials in the police and border guard. Radical Buddhist monks, including Ashin Wirathu, are also named. The accusation implicates pro-democracy figure Aung San Suu Kyi, who led Myanmar's civilian government from 2016 to 2021, as being complicit in the genocide. Suu Kyi was removed from power during the coup and is currently serving a lengthy prison sentence on charges considered politically motivated by her supporters.

Due to fears of retaliation from Myanmar's military government, the Rohingya witnesses have taken stringent measures to protect their identities. The hearings will be conducted behind closed doors.

Tomas Ojea Quintana, an Argentine attorney who previously served as the UN Special Rapporteur on human rights in Myanmar, is representing the Rohingya in court. He mentioned that Argentine prosecutors may travel to a Rohingya refugee camp in Bangladesh if they require additional information.

Argentina has previously handled cases involving alleged crimes committed in other countries. These cases include crimes during the fascist rule of Francisco Franco in Spain from 1939 to 1975 (2010), crimes against humanity committed by Israeli authorities in the Gaza Strip (2014), and crimes against humanity committed by Saudi Arabia's Prince Mohammed bin Salman in Yemen (2018).