Myanmar survivors urge Philippines to advance war crimes case against military

Survivors of military violence in Myanmar are urging Philippine authorities to move forward with a 2023 criminal complaint against military regime leader Min Aung Hlaing, which currently remains pending before the Department of Justice (DOJ).

The renewed push for action was announced on Saturday as regional leaders gathered in Cebu, Philippines, for the 48th Association of Southeast Asian Nations (ASEAN) Summit, where the ongoing crisis in Myanmar since the 2021 military coup remains a dominant issue.

The Chin Human Rights Organisation (CHRO), which represents the complainants, stated that their appeal is part of a broader, growing wave of international accountability efforts aimed at the regime in Naypyidaw.

International justice and universal jurisdiction

The original complaint was filed in 2023 by survivors and relatives of victims from Myanmar’s Chin State.

The filing invokes the Philippines’ International Humanitarian Law Act, utilizing the principle of universal jurisdiction—a legal doctrine that allows states to prosecute severe international crimes regardless of where they were committed.

Romel Bagares, the lawyer representing the Myanmar complainants, noted that recent international legal developments in the Philippines has energized their push for justice.

“Former Philippine President Rodrigo Duterte’s trial at the ICC in The Hague has breathed new impetus into our case,” he said.

While the Philippine DOJ has previously acknowledged that the allegations could fall under domestic law covering war crimes and crimes against humanity, the case has yet to advance to a formal investigation.

“The evidence we submitted corresponds to offenses punishable under the International Humanitarian Law Act,” Bagares added.

The complaint details several atrocities, including the September 2021 killing of Pastor Cung Biak Hum, who rights groups say was shot while attempting to extinguish fires sparked by military operations in Thantlang, Chin State.

A growing trend of domestic prosecutions

Myanmar has been mired in crisis since the military seized power in 2021, ousting the elected government of Aung San Suu Kyi.

The 2021 coup triggered widespread armed resistance and severe allegations of human rights violations, which the military regime has consistently denied.

With global accountability mechanisms often facing political or jurisdictional limits, rights advocates are increasingly utilizing domestic legal systems around the world to pursue justice.

The CHRO highlighted that similar cases against Min Aung Hlaing have already been initiated in Argentina, Indonesia, Timor-Leste, and Turkey.

It appealed directly to the current Philippine administration in Manila led by President Ferdinand Marcos Jr. to take the lead in the region.

“The Philippines under President [Ferdinand] Marcos has shown ASEAN and the world great leadership in advancing international accountability,” the CHRO stated.

“We trust that his administration will support decisive action in our case in the Philippines, moving with the trend towards accountability against the Myanmar junta in ASEAN and beyond.”

ASEAN has barred Myanmar’s military regime leaders from attending high-level meetings and summits since April 2021 when Min Aung Hlaing agreed to implement the bloc’s Five Point Consensus peace plan, but never implemented it upon his return to Myanmar.

Inquirer.net