Vox Pop: Thoughts on arrest warrants for Suu Kyi, U Htin Kyaw over Muslims genocide

By Admin 02 Jul 2024

DMG Newsroom
2 July 2024, Sittwe

The Burmese Rohingya Organisation UK (BROUK) in December of last year petitioned a court in Argentina to issue international arrest warrants for six Myanmar officials including junta boss Min Aung Hlaing responsible for genocide against Muslims in Arakan State.

Those named for arrest warrants included Min Aung Hlaing, his deputy Soe Win, Commander of the Bureau of Special Operations No. 3 Lieutenant-General Aung Kyaw Zaw, Commander of Western Command Major-General Maung Maung Soe, commander of 33rd Light Infantry Division Brigadier-General Aung Aung, police officer Kyaw Shae and village administrator Aung Hsan Mya.

However, Argentinian prosecutors’ petition submitted to the court on June 28 seeks a wider range of arrest warrants, including that of jailed State Counsellor Daw Aung San Suu Kyi and former President U Htin Kyaw. Speaking to DMG, politicians and activists shared their views on the issuing of arrest warrants for the pair, who have been among the faces of Myanmar’s halting struggle for democracy in recent years.

U Pe Than || Veteran Arakanese politician

Muslim issues arose once under the U Thein Sein government, as well as in 2017 while [State Counsellor] Daw Aung San Suu Kyi and presidents U Htin Kyaw and U Win Myint were in power. [The Argentinian prosecutor] was saying essentially that the two were responsible. However, it was the military that committed those crimes.

The president barely had influence on the military regarding either military issues or any other issue. He could not order the military not to do this or that. However, some hold the view that the president is the highest position in the country, and Daw Aung San Suu Kyi was the state counsellor, and that the two are therefore responsible. The two were not in a position to stop the military from doing what it wanted.

Daw Aung San Suu Kyi defended the Myanmar military at the ICJ [International Criminal Court] and denied genocide. Perhaps these two facts are the reasons why the two were named on the arrest warrants. But things will be different when an investigation is carried out. Though the crime happened while they were in office, the two had no power to stop the Myanmar military, and the court may consider them not guilty, I think.

The Myanmar military was the perpetrator and was responsible. No one can influence or order the military in this country. Has it listened to the calls to stop the fighting? So, it is fair to say Daw Aung San Suu Kyi and U Htin Kyaw were not responsible, though they were the state counselor and president of the country at the time.

Nay San Lwin || Free Rohingya Coalition

When the Argentine court makes an independent investigation, I am sure it will try to find out who in the military and the government at the time of the crime were responsible. When the BROUK petitioned a court in Argentina to issue international arrest warrants, the list only included Myanmar military officials, but the Argentinian prosecutor also called for the issuing of arrest warrants for government leaders. The judge will make the ruling based on the findings of the independent investigation. So, we will wait for the ruling of the court.

I think the judge will take the current situation in Myanmar, the coup, and the situation of the previous government into account. I believe the court will consider everything before making a ruling. I don’t think either the prosecutor or the plaintiff can intervene in the decision-making process of the judges.

A female social activist || Yangon Region

I expected this. Daw Aung San Suu Kyi and the former president can’t deny that they were unaware of that. When the incident happened, the president was in the highest political position under the law. He must be held responsible. Though the crime was committed by the military, the president is responsible and accountable. 

Under international law, the president must take responsibility as the head of the government, and the state counsellor must also be held responsible. The former president and Daw Aung San Suu Kyi are detained by the regime now. It will be interesting to see what will happen if warrants are issued for their arrest.

U Than Soe Naing || Political observer

In this case, I think the military leaders are responsible. Indeed, the National League for Democracy (NLD) leaders like Daw Aung San Suu Kyi and U Htin Kyaw were responsible for failing to stop the military. But the two did not decide to commit genocide. They were not perpetrators. But I won’t deny that the two defended [the military] regarding this issue.

Daw Aung San Suu Kyi and U Htin Kyaw had to cooperate with the regime due to the NLD’s national reconciliation policy. I hope the international courts will understand this. The two were not directly involved in genocide. So, I think there is no need to take action against the two.