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Reading: Is the Prosecution of Aung San Suu Kyi and Former President Htin Kyaw a Test for Myanmar’s National Unity Government?
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Rohingya Khobor > Myanmar > Is the Prosecution of Aung San Suu Kyi and Former President Htin Kyaw a Test for Myanmar’s National Unity Government?
MyanmarOp-ed

Is the Prosecution of Aung San Suu Kyi and Former President Htin Kyaw a Test for Myanmar’s National Unity Government?

Last updated: February 25, 2025 2:47 PM
RK News Desk
Published: February 25, 2025
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By Pacifist Farooq

Contents
  • Implications for the National Unity Government (NUG)
  • Challenges to Justice and Accountability
  • Moving Forward: A Call for Recognition

The recent arrest warrants issued by an Argentine court in Buenos Aires on February 13 against twenty-five Myanmar government officials have ignited discussions across Myanmar’s political landscape, particularly among the Rohingya people.

For many Rohingya genocide survivors, this marks a significant step toward justice and accountability for decades of systematic oppression, discrimination, and apartheid that they have endured under successive Myanmar governments.

These arrest warrants come after Myanmar’s military officials were found guilty of genocide and crimes against humanity committed against the Rohingya between 2012 and 2018.

The list includes twenty-three military officials, including Commander-in-Chief Min Aung Hlaing, alongside two civilian leaders—State Counsellor Aung San Suu Kyi and former President Htin Kyaw.

This development is historic as it is the first time that international arrest warrants have been issued against Myanmar’s military leaders for crimes such as mass rapes, the killing of 10,000 Rohingya, and the forced displacement of 700,000 people under the guise of a so-called “clearance operation.”

Implications for the National Unity Government (NUG)

The National Unity Government (NUG), which presents itself as the democratic alternative to Myanmar’s current military regime, issued a statement five days after the arrest warrants were announced.

While the NUG welcomed the prosecution of military officials, it denied the involvement of Aung San Suu Kyi and Htin Kyaw in the genocide against the Rohingya.

Notably, the NUG’s statement avoided using the term “genocide,” instead opting for the phrase “mass atrocities”—a broader term that does not carry the same legal weight as genocide under the Genocide Convention.

This omission raises serious concerns, as recognizing the crime as genocide is crucial for legal accountability and international obligations to prevent and punish such crimes.

The NUG’s rejection of Aung San Suu Kyi’s inclusion in the arrest warrants is particularly controversial. While former President Htin Kyaw played a largely passive role in government and did not actively promote anti-Rohingya rhetoric, Aung San Suu Kyi’s complicity in the genocide is well-documented.

On August 18, 2017, just days before the brutal clearance operation, she referred to the Rohingya as an “impossible-to-coexist terrorist society”. She vowed to “subdue the enemy with a clear policy.”

Furthermore, her State Counsellor’s Office dismissed reports of Rohingya women being raped as “fake news,” and she actively defended the military’s actions at the International Court of Justice (ICJ), denying the genocide altogether.

Challenges to Justice and Accountability

The NUG’s statement also highlights the Kofi Annan Commission as an effort to resolve the Rohingya crisis. However, this commission’s recommendations—including freedom of movement, community inclusion, economic development, and improved healthcare—were never implemented, ultimately leading to the resignation of key members.

Instead, Myanmar’s government intensified its repressive measures against the Rohingya, culminating in the 2017 genocide.

Moreover, the NUG’s claim that prosecuting Aung San Suu Kyi and Htin Kyaw might create misunderstandings between the Rohingya and other ethnic groups is deeply problematic. Such an argument suggests that political compromises are being prioritized over justice.

True national unity cannot be built on impunity—justice and truth must be at the foundation of any democratic transition.

While the NUG continues to position itself as a beacon of hope for a democratic Myanmar, its failure to recognize the Rohingya genocide raises fundamental concerns about its commitment to inclusivity.

The persecution of the Rohingya is not an isolated event but part of a decades-long campaign to deny them fundamental rights. The NUG’s failure to acknowledge this history only deepens the mistrust between the Rohingya and other democratic forces in Myanmar.

Another crucial aspect often overlooked is the role of international actors. The United States, the United Kingdom, Canada, and the United Nations have all recognized the crimes against the Rohingya as genocide, yet the NUG hesitates to take a similar stance.

This inconsistency weakens its standing on the global stage. If the NUG aspires to be recognized as Myanmar’s legitimate government, it must align itself with international legal frameworks and acknowledge past atrocities committed under previous administrations.

Furthermore, the prosecution of Aung San Suu Kyi poses a moral and political dilemma for the broader pro-democracy movement in Myanmar. While many in the international community still view her as a symbol of democracy, the Rohingya and other marginalized groups see her as complicit in their suffering.

Recognizing this duality is essential for Myanmar’s transition toward genuine democracy. The refusal to hold her accountable suggests that political considerations are being prioritized over truth and justice.

Moving Forward: A Call for Recognition

For the National Unity Government (NUG) to gain credibility as a government committed to justice and democracy, it must officially acknowledge the genocide against the Rohingya. This is not just a matter of historical accuracy but a moral and legal obligation.

Failure to do so will perpetuate the cycle of exclusion and impunity that has defined Myanmar’s governance for decades.

While Aung San Suu Kyi’s contributions to Myanmar’s democracy cannot be ignored, her direct involvement in defending the perpetrators of genocide cannot be excused.

Myanmar must move forward by embracing the truth and ensuring justice for all communities, including the Rohingya people, instead of repeating the mistakes of the past.

The NUG has a unique opportunity to set itself apart from previous governments by standing firmly for justice, accountability, and reconciliation.

This requires recognizing the Rohingya genocide, holding all perpetrators accountable, and fostering a truly inclusive democracy that respects all ethnic and religious minorities in Myanmar.

The future of Myanmar depends not only on removing the military dictatorship but also on building a just and democratic society where every community is treated with dignity and equality.

The road to justice is long, but accountability is the cornerstone of any true democracy. The NUG must demonstrate that it is not merely a continuation of past regimes but a genuine force for change.

It must be willing to face uncomfortable truths, acknowledge past mistakes, and commit to building a Myanmar where no ethnic or religious group is treated as second-class citizens.

In the broader context of Myanmar’s democratic movement, this moment presents a test of integrity. If the NUG continues to dismiss the Rohingya genocide as a “mass atrocity” rather than recognizing it as the systematic extermination of an entire people, it risks alienating not just the Rohingya but also international allies committed to justice and human rights.

It must recognize that reconciliation cannot happen without accountability, and accountability cannot happen without truth.

Myanmar stands at a crossroads. The choices made today will determine the future of not just the Rohingya, but the entire country.

If the NUG truly seeks to build a federal democracy where all communities are equal, it must take a firm stand in recognizing the genocide, ensuring justice for its victims, and committing to an inclusive future for all its people.

Pacifist Farooq is a Rohingya poet, academic, and author of A Lost Bird Between Genocide and Displacement. He is now based in Malaysia.

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