Argentine court issues warrants for Myanmar officials accused of Rohingya ‘genocide’

This photo taken on December 16, 2021, shows Maung Tun Khin, president of the Burmese Rohingya Organization UK, outside the federal court in Buenos Aires. (AFP)
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Updated 15 February 2025
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Argentine court issues warrants for Myanmar officials accused of Rohingya ‘genocide’

  • The court ruling was in response to a complaint filed by a Rohingya advocacy group under the principle of “universal jurisdiction”
  • Myanmar’s military junta leader is also under investigation by the ICC, while the ICJ is examining a complaint of “genocide” against Myanmar

BUENOS AIRES: An Argentine court has issued arrest warrants for the head of Myanmar’s military junta and former officials including Nobel Peace Prize winner Aung San Suu Kyi over alleged “genocide and crimes against humanity” targeting the Rohingya minority group.
The court ruling, seen by AFP on Friday, was issued in response to a complaint filed in Argentina by a Rohingya advocacy group.
It was filed under the principle of “universal jurisdiction” by which countries can prosecute crimes regardless of where they occurred if, like genocide or war crimes, they are considered sufficiently serious.
Warrants were issued for military and civilian officials including current junta leader Min Aung Hlaing, ex-president Htin Kyaw, and former elected civilian leader Aung San Suu Kyi in her capacity as “state counselor” from 2016 to 2021, when she was ousted in a coup.
In that time, she has been accused by detractors of doing little to stop the abuse of Rohingya.
Hlaing is also under investigation by the International Criminal Court, while the International Court of Justice — the UN’s highest tribunal — is examining a complaint of “genocide” against Myanmar.
The Rohingyas, mainly Muslims, are originally from Buddhist-majority Myanmar where, according to Amnesty International, they have been subjected to a regime akin to apartheid.
Beginning in 2017, many have been forced to flee persecution and violence to richer and predominantly Muslim Malaysia, or to refugee camps in Bangladesh, where about a million of them live.
Myanmar has been in turmoil since the 2021 coup that sparked renewed clashes with ethnic rebels and saw the formation of dozens of “People’s Defense Forces” now battling the junta.
In her ruling issued Thursday, Judge Maria Servini said the allegations listed in the complaint “constitute crimes that violate human rights recognized in various international criminal law instruments, subscribed to by most countries in the world.”
They included “internationally known crimes such as genocide and crimes against humanity, committed by the political and military authorities in power in that country,” she added.

Universal jurisdiction
Argentine courts have in the past opened investigations into crimes in other countries under the principle of “universal jurisdiction,” including for acts committed by the Francisco Franco regime in Spain.
And last December, a judge ordered the arrest of Nicaraguan President Daniel Ortega for “systematic violation of human rights.”
None of the cases have yet resulted in action against a foreign national.
Tun Khin, president of the Burmese Rohingya Organization UK, nevertheless welcomed the latest ruling as a “historic step toward justice for Rohingya and everyone in Burma suffering under the Burmese military.”
It was “also a victory for international justice at a time of growing violations of international law worldwide,” he said in a statement.
Tomas Ojea Quintana, the Rohingya’ plaintiffs’ lawyer in Argentina, told AFP the next step will be for the ruling to be forwarded to prosecutors, who will take the steps necessary for the notification of Interpol, which issues international warrants.
 


Trump threatens to halt US trade with Spain over military bases, defense spending

Updated 6 sec ago
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Trump threatens to halt US trade with Spain over military bases, defense spending

  • The US relocated 15 aircraft, including refueling tankers, from the Rota and Moron military bases in southern Spain after the country’s Socialist leadership said it would not allow them to be used to attack Iran
  • Spain’s Prime Minister Pedro Sanchez, one ​of a dwindling number of left-leaning voices in Europe, has ​risked Trump’s ire with a series of other policy moves, including refusing to let vessels transporting weapons to Israel dock in Spain

WASHINGTON/MADRID: US President Donald Trump threatened to impose a full US trade embargo on Spain on Tuesday ​after the European and NATO ally refused to let the US military use its bases for missions linked to strikes on Iran.
“Spain has been terrible,” Trump told reporters during a meeting with German Chancellor Friedrich Merz, adding that he had told Treasury Secretary Scott Bessent to “cut off all dealings” with Spain.
“We’re going to cut off all trade with Spain. We don’t want anything to do with Spain,” he added.
The US relocated 15 aircraft, including refueling tankers, from the Rota and Moron military bases in southern Spain after the country’s Socialist leadership said it would not allow them to be used to attack Iran.
Trump again referenced Spain’s refusal to heed US calls for all NATO members to spend 5 percent of their GDP on defense, and added: “Spain has absolutely nothing that we need.”
“All business having to do ‌with Spain, I ‌have the right to stop it. Embargoes — do anything I want with it — and ​we ‌may ⁠do that with ​Spain,” ⁠he said, again expressing his frustration with the Supreme Court’s ruling last month that his broadest global tariffs were illegal under a national emergencies law.

NO SEPARATE TREATMENT FOR SPAIN
Merz, speaking with reporters after the meeting, said he told Trump privately that Spain could not be excluded from a trade agreement reached between Brussels and Washington last year.
“I said that Spain is a member of the European Union and we negotiate about tariffs with the United States only together or not at all,” he said. “There is no way to treat Spain particularly badly.”
Trump publicly asked Bessent and US Trade Representative Jamieson Greer their opinions on cutting off Spanish trade.
“Well, sir, I think we’ll talk about it with you,” Greer said. “We know ⁠you can use it, and if you need to use it to assure national and economic ‌security, we’ll do it.”
Bessent said the Supreme Court affirmed Trump’s embargo powers under the ‌International Emergency Economic Powers Act, adding that the USTR and Commerce Department would ​begin investigations into how to penalize Spain under other trade laws.

HIGH BAR
Jennifer ‌Hillman, a trade law professor at Georgetown University, said the Supreme Court did not address the president’s ability to impose a trade ‌embargo under IEEPA. Trump could do so, but he would have to declare a national emergency over Spain as an “unusual and extraordinary” threat to the United States, she said, adding that such a move would go “well beyond” any previous emergency.
“It’s hard to see, however, how Spain denying us the use of air bases on its territory for us to launch an unprovoked attack on Iran poses ‘an unusual and extraordinary threat’ to our national security or foreign ‌policy,” added Peter Shane, a New York University adjunct law professor.

SPAIN RESPONDS
The Spanish government responded in a statement that the US must be mindful of the autonomy of private businesses, international law ⁠and bilateral trade agreements between ⁠the US and the European Union.
Madrid said it had the necessary resources to contain the potential impact of a trade embargo and support affected sectors, but said it would continue to push for free trade and economic cooperation with its partners.
Spain is the world’s top exporter of olive oil and also sells auto parts, steel and chemicals to the United States, but is less vulnerable to Trump’s threats of economic punishment than other European nations.
The US had a trade surplus with Spain for the fourth year in a row in 2025, at $4.8 billion, according to US Census Bureau data, with US exports of $26.1 billion and imports of $21.3 billion. US exports of crude oil and liquefied natural gas to Spain have grown in recent years.
Merz said pressure was being brought to bear on Spain from within Europe on defense spending.
“We are trying to convince Spain to catch up with the 3 percent or 3.5 percent which we agreed on in NATO,” he said, adding later that Spain’s defense spending levels had nothing to do with the trade negotiations.
Spain’s Prime Minister Pedro Sanchez, one ​of a dwindling number of left-leaning voices in Europe, has ​risked Trump’s ire with a series of other policy moves, including refusing to let vessels transporting weapons to Israel dock in Spain.