MANILA, Philippines. Relatives of individuals believed to be victims of war crimes committed by Myanmar’s military have filed a criminal complaint in the Philippines against their country’s ruling generals. They are increasingly seeking to hold them accountable through international legal avenues as Myanmar grapples with ongoing violence.
Human rights lawyers representing five Myanmar nationals submitted the joint complaint to the Department of Justice. They argue that a 2009 Philippine law promoting human rights obligates the Philippines to prosecute war crimes committed worldwide under the principle of universal jurisdiction.
The complaint names Senior Gen. Min Aung Hlaing, the leader of Myanmar’s ruling military council, eight military commanders, and a state minister.
Both Myanmar and the Philippines are part of the Association of Southeast Asian Nations (ASEAN), a 10-nation bloc with a policy of non-intervention in each other’s domestic matters. Critics argue that this stance has allowed human rights abuses to continue in the region.
Philippine government prosecutors now have 90 days to review the complaint.
This legal action highlights the desperation in Myanmar, where over 4,155 people have been killed, and more than 19,600 remain detained since the military overthrew Aung San Suu Kyi’s elected government in February 2021. Myanmar has experienced significant civil strife, with many opposing military rule and various regions embroiled in conflict.
A UN-established group of investigators reported in August that there was strong evidence the army and affiliated militias indiscriminately and disproportionately targeted civilians with bombs, conducted mass executions of detained individuals, and engaged in large-scale burning of civilian homes. This evidence could be used in future prosecutions.
Myanmar’s generals are also under investigation by the International Criminal Court and are facing a genocide case at the International Court of Justice. In November 2021, courts in Argentina agreed to investigate allegations of genocide and crimes against humanity against senior Myanmar officials under the universal jurisdiction principle.
One of the complainants, Zing Raltu, who later escaped to Canada, said her father, a Christian community leader, and his friend were killed by army troops while attempting to deliver medicine to displaced villagers in Myanmar’s western Chin state. Raltu stated, “We will never get justice through the Burmese courts. We pray that the Philippines will hear our cry for help.”
Salai Za Uk Ling, another complainant, reported that at least 350 people had been killed in army artillery bombardments and airstrikes in Myanmar’s predominantly Christian Chin state, where an armed struggle for greater autonomy has raged for decades.
One of the lawyers for the complainants, Gilbert Andres, stated that by accepting the case, the Philippines would demonstrate its commitment to democratic values and the rule of law.
Human rights groups have previously accused former Philippine President Rodrigo Duterte of encouraging thousands of suspected drug dealer killings during his term. The International Criminal Court is investigating these events as possible crimes against humanity.
Gary P Hernal started college at UP Diliman and received his BA in Economics from San Sebastian College, Manila, and Masters in Information Systems Management from Keller Graduate School of Management of DeVry University in Oak Brook, IL. He has 25 years of copy editing and management experience at Thomson West, a subsidiary of Thomson Reuters.
