ICC’s effort to arrest warrant on Myanmar leader exercises beyond its jurisdiction
273
By Tun Mon Thet (NP News) - Dec 1
The International Criminal Court (ICC) prosecutor requested an arrest warrant for the Myanmar leader by accusing him of committing crimes against humanity, and it is observed that the ICC is trying to rule the sovereignty of the non-member State within its own territory.
The ICC refers to the Bengali issue that happened in 2017 in Myanmar’s Rakhine State.
With regard to the ICC’s effort, Myanmar spokesperson of the State Administration Council (SAC) Major General Zaw Min Tun rejected the groundless exertion.
Major General Zaw Min Tun said, “Myanmar is not a member state of the ICC and we’ve never acknowledged the comments made by the ICC.”
He extended the explanation with Myanmar’s non-aggressive foreign policy, adding: “Myanmar has been continuously exercising neutral and active foreign policy in relations with regional and global countries. And we do practice the principle of peaceful coexistence with other nations.”
What is more, the Chinese Foreign Ministry’s spokesperson Mao Ning remarked, “Under the Rome Statue, the Court has no jurisdiction over acts committed by nationals of non-State Parties on the territory of a non-State Party, unless referred to it by the UN Security Council.”
She made the remark in response to the AFP’s question on the matter by explaining, “We always believe that the International Criminal Court should uphold an objective and impartial stance, strictly follow the principles of complementarity and cooperation, exercise its functions and powers prudently in accordance with the law, and interpret and apply the Rome Statute and general international law in good faith.”
Rakhine State in 2016
Having complexity and differences in language, religion, and population, the Rakhine issue was intentionally plotted as more than a domestic matter as secret agendas of the Deep State have already vested in many manipulations.
Rakhine State is situated on Myanmar’s western coast and territorially connected with Chin State, Magway Region, Bago Region, and Ayeyawady Region, and the Bay of Bengal and Bangladesh to the west. Indigenous ethnicities living in Rakhine State include Rakhine, Kaman, Bamar, Mro, Khami, Thet, Maramagyi, and Dinat. In addition to the mentioned indigenous ethnics, Bengalis from the neighbouring Bangladesh, with migration and invading the territory, add the population in Rakhine State with 63 percent Buddhism, 36 percent Muslim, 0.3 percent Hindus, and the rest others.
The dispute began in October 2016 when the Arakan Rohingya Salvation Army (ARSA) terrorists raided the Myanmar borderline security outposts, where only around ten police personnel were deployed, with disproportionate numbers of approximately 400 ARSA terrorists or more. In the terroristic assaults by the aliens, at least from 20 to 40 police personnel were brutally killed; of which some were dismembered.
In response, the Myanmar Tatmadaw launched a military operation, as directed by then-State Counselor Daw Aung San Suu Kyi and then-President U Htin Kyaw, against the Bengali terrorists – ARSA. It truly was a military measure taken against the armed terrorists by the state troop (Tatmadaw) in the sphere of defending the country’s sovereignty. In fact, the crackdown only targeted the armed Bengali terrorists ARSA who attacked the country’s sovereignty.
Following the October 2016 outrage, the ARSA, within Rakhine State especially in the borderline villages, not only committed military offenses to the small outposts but also killed the indigenous Rakhine, Mro, and Kaman ethnics, and Hindus who want to live with peaceful coexistence in the area, resulting the 2017 bloodshed in Rakhine State.
There were prominent reports that the Bengali terrorists killed more than 150 Hindus including women, men, and children, and abducted several Hindu villagers in August 2017. Such atrocity committed by the Bengali terrorists ARSA is deemed to be a crime against humanitarian. However, the massacre of the Hindus done by the Bengali terrorists did not receive international attention or widespread condemnation. Rapes, brutal killings, forcibly occupying the villages and fields, and setting ablaze the houses and villages are the techniques usually used by the Bengali aliens against other communities.
Defending national security is not a crime
The concept of sovereignty in the arena of international law excludes and expels illegal migrants. Attacking a country’s state troops, security outposts, and border guard police is a hundred percent humiliating the sovereignty and attacking the country’s national security. It is crystal clear that defending or protecting sovereignty and national security cannot be considered a crime.
A clear thin line exists between advocating for human rights and defending national security in the debate of national interest.
The Rakhine State, which is an armed conflict zone these days, has already been interfered with by the invisible hands of global politics.
The presence of multi-societies and actors within Rakhine State such as armed insurgents of the Arakan Army (AA), ARSA, Rohingya Solidarity Organisation (RSO) and Arakan Rohingya Army (ARA) now join their hands in insurrections against Myanmar Tatmadaw.
With respect to the issue, Vasily Alekseyevich Nebenzya, the Russian diplomat and the current Permanent Representative of Russia to the United Nations addressed in April 2024 at the UN assembly that “We share the concern of the Myanmar authorities about the increased activity of extremist groups in Rakhine since the end of 2023, particularly the “Arakan Army”. There is evidence that this militia (and armed opposition in general) is supported by Western states.” –