By: Seringe S.T. Touray
The International Criminal Court (ICC) has recently filed an application for an arrest warrant against Myanmar’s military leader, Senior General Min Aung Hlaing, over his alleged involvement in the 2016-2017 crackdown on the Rohingya Muslim population. This move marks a significant development in efforts to address crimes against humanity, including deportation and persecution, that led to the displacement of over one million Rohingya people.
At the forefront of this process is Gambian lawyer Essa Faal, who has played a key role in the investigation by leading the Unified Team (investigators, lawyers, analysts, and diplomats) within the Office of the Prosecutor. In a statement during a conference delivered by Faal on behalf of the Office of the Prosecutor of the ICC, Faal explained the filing of the application. He highlighted that the Office of the Prosecutor had conducted an independent and impartial investigation into the violence that occurred in Rakhine State, Myanmar, and the subsequent exodus of Rohingya refugees to Bangladesh.
“The Office of the Prosecutor of the International Criminal Court is filing an application for a warrant of arrest before Pre-Trial Chamber I of the International Criminal Court in the situation in Bangladesh/Myanmar,” Faal stated in his announcement. He also mentioned that the investigation had concluded there were reasonable grounds to believe that Senior General Min Aung Hlaing bore criminal responsibility for the alleged crimes against humanity committed during this period.
During a press conference held in Bangladesh to formally announce the application, Faal emphasized the collaboration that supported the investigation. He recognized the vital contributions from the Rohingya community, the Bangladeshi government, civil society, and international organizations.
“The cooperation, the confidence, and the steadfast commitment from the Rohingya community, the support of the government of Bangladesh, and the excellent cooperation from the United Nations Independent Investigative Mechanism for Myanmar have been essential to advancing the investigation,” Faal noted. He expressed his appreciation for the Rohingya community’s participation, acknowledging their courage in providing testimony and support for the investigation.
Essa Faal’s involvement highlights The Gambia’s active role in advocating for justice for the Rohingya. The Gambia had previously filed a case against Myanmar at the International Court of Justice (ICJ) for alleged violations of the Genocide Convention. Faal has been central in the efforts to find justice and accountability for the Rohingya Muslims and contributed his expertise in building the case at the ICC.
“This is the first application for an arrest warrant against a high-level Myanmar government official that the Office of the Prosecutor is filing. More will follow,” Faal said, suggesting that the pursuit of accountability for the crimes will continue.
The ICC’s application is an important step toward ensuring accountability for the alleged crimes committed against the Rohingya people. The investigation has drawn on a wide range of evidence, including witness testimonies, documentary evidence, and authenticated materials.
While the legal process is ongoing, the filing of this application sends a strong message about the international community’s commitment to addressing the plight of the Rohingya. As the ICC continues its work, the involvement of individuals like Essa Faal underscores the importance of international cooperation in the pursuit of justice.
