From Genocide to Coup, Justice for the Rohingya Remains Elusive

Eight years ago, Myanmar’s military launched a campaign of ethnic cleansing that drove more than 700,000 Rohingya Muslims into Bangladesh.

Eight years ago this month, the Myanmar military launched a “clearance operation” that forced hundreds of thousands of Rohingya to flee their homes in Rakhine State. Thousands of civilians were brutally killed, tortured, and sexually abused, including children. Today, over a million Rohingya are still living in camps in Bangladesh, where they struggle to meet their basic needs. Recent cuts to U.S.-funded humanitarian aid has led to the decrease of already insufficient food rations and the closure of learning centers for Rohingya children. Legal Action Worldwide (LAW) is regularly talking to Rohingya victims and survivors, including children and youth who are faced with a continuous shrinking of future opportunities. Girls who dream of becoming doctors are afraid to be married at a young age. Boys who want to teach their peers are left with a football on overpopulated muddy hills.

Despite the overwhelming evidence and documentation of atrocity crimes against the Rohingya, international accountability remains painfully limited. While some progress has been made, it is not enough. In November 2024, the International Criminal Court’s chief prosecutor filed for an arrest warrant against junta leader Senior Gen. Min Aung Hlaing, focusing on his role in crimes against humanity related to the deportation and persecution of the Rohingya. In February this year, an Argentinian court also issued arrest warrants for genocide and crimes against humanity against 25 Myanmar military leaders and political figures, for the active role they played during the “clearance operations” in Rakhine State in 2017. Warrants were issued under the principle of universal jurisdiction, a legal principle that allows national courts to prosecute individuals for certain serious international crimes, regardless of where the crime was committed or the nationality of the perpetrator or victim. Finally, the International Court of Justice (ICJ) is expected to begin oral hearings in early 2026 in the case brought by The Gambia over Myanmar’s alleged violations of the Genocide Convention.

LAW supported Rohingya witnesses to testify in front of the Argentina court in Buenos Aires and to attend the provisional measures hearing at the ICJ in The Hague in 2019, where they faced then State Counsellor Aung San Suu Kyi. This was a significant step on the long journey toward justice for the Rohingya people, despite the length of these international proceedings.

Another step was made in July, with the acceptance of the U.N. Human Rights Council resolution number 59. For the very first time, the body has explicitly called upon Myanmar to ensure “reparations” for the victims and survivors of the past and ongoing grave human rights violations and atrocity crimes committed at the hands of the Myanmar military. LAW fully supports this focus on reparations and goes even further by calling on the creation of a trust fund for victim and survivors, to ensure meaningful redress and comprehensive delivery of justice.

However, resolutions are not enough. As these lines are being written, atrocities against ethnic minorities in Myanmar continue. According to the United Nations High Commissioner for Human Rights and independent monitors, over 6,200 civilians have been killed since the unlawful military coup in 2021. More than 28,000 people have been arrested on political grounds. Children as young as 2 years old have been detained, and subjected to torture or other cruel, inhuman, and degrading treatment, the U.N. Independent Investigation Mechanism on Myanmar said in a report in August. Additionally, more than 3.5 million people have been displaced, many of whom are living in makeshift shelters, and nearly half the country’s population – around 20 million people – urgently need humanitarian assistance.

The Myanmar military is bombing schools and hospitals with total impunity, while sexual violence is still used as a tactic of war by the military and non-state armed groups operating across the country. Survivors have described the unimaginable atrocities they’ve experienced, which have left their bodies and minds forever scared. More recently, in mid-August, the discovery of Rohingya mass graves in Rakhine State raises questions on the role played by ethnic armed groups, such as the Arakan Army, in post-coup atrocities, targeting ethnic minorities including, yet again, the Rohingya.

The international community must take concrete action to hold perpetrators accountable and stop the ongoing violence. This means a coordinated effort to enforce and expand sanctions, particularly targeting the supply of aviation fuel that enables the junta’s deadly airstrikes. While some countries have taken action, others have moved in the opposite direction – the United States recently lifted sanctions on some allies of the Myanmar generals – and the military is actively finding new ways to evade remaining sanctions. Without a global, unified embargo, justice for Myanmar survivors will remain an unattainable dream.

In the face of such horror, the voices of survivors are powerful and vital. Ma Cho, a woman who fled to Thailand after surviving conflict-related sexual violence, spoke of the importance of survivors’ networks. “We want to get our dignity back and rebuild our lives. This is why survivors’ networks are so important,” she said. Only together, we can create a safe space to talk about what we lived and support each other to fight for our rights.” These brave individuals, often women, are leading the charge for accountability and healing, their resilience a testament to the unyielding spirit of the Myanmar people.

We must also be vigilant against the junta’s attempts to legitimize its rule through deception. The sham elections planned for December and January must be condemned by the international community as a charade and a fraud. These elections, which have been preceded by the dissolution of opposition parties and the imprisonment of democratic leaders, are nothing more than a desperate attempt to entrench military power. Recognizing them would be a betrayal of the democratic will of the Myanmar people and a grave disservice to the victims of this conflict.

The fate of Myanmar’s people depends on the international community’s resolve. The next steps in international justice are vital. The world must move beyond statements of concern to purposeful action, ensuring that those who commit these atrocities face justice and that the people of Myanmar can finally live in a country defined by peace, not war.

This article was published in The Diplomat.

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