The Argentine justice has announced the opening of an investigation into accusations of crimes committed by Burmese soldiers against the Rohingya Muslim minority, under the principle of universal jurisdiction, according to a decision of the Federal Court of Appeal.
Argentina "
is empowered to continue the investigations even if the facts took place in Burma by virtue of the reception of the principle of universal jurisdiction which has been constitutionally enshrined
", indicates a decision Friday of the Federal Criminal and Correctional Chamber, whose 'AFP received a copy on Monday.
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"
We cannot ignore that the reported crimes could be those envisaged in various international conventions (...) in which crimes of genocide and against humanity are punishable
", continues the Court.
"
The seriousness of the alleged facts (...) allow them to be heard in our country
".
This decision goes against a judgment at first instance which refused to open an investigation after a complaint was filed.
The Argentinian justice had agreed to examine the case at the end of 2019 after a request from Maung Tun Khin, president of the Organization of the Burmese Rohingyas of the United Kingdom (BROUK), based in the United Kingdom.
"A day of hope"
“
It is a day of hope not only for us Rohingyas, but also for oppressed people all over the world. The decision in Argentina shows that there is nowhere to hide for those who commit genocide. The world is firmly united against these heinous crimes
, ”said Maung Tun Khin in a statement. Six Burmese Rohingya women, refugees in Bangladesh, participated in a virtual hearing in August before the Federal Court of Appeal, which agreed to review their cases. According to one of the complainants, the six women "
were sexually assaulted and many of their relatives died as a result of the repression
" of the Burmese army on August 27, 2017, the court said.
Read alsoTens of Rohingya missing after a shipwreck
The Argentine justice has already agreed to examine other cases under its universal jurisdiction, in particular crimes committed under the Franco regime in Spain. Universal jurisdiction makes it possible to prosecute the perpetrators of the most serious crimes regardless of their nationality and where the crimes were committed. About 850,000 Rohingya who fled their country are crammed into camps along the border between Bangladesh and Burma. Most fled a bloody crackdown on the Burmese army in 2017 that the UN said could amount to genocide. The International Criminal Court (ICC) has opened an investigation into the atrocities committed against the Rohingya. Burma also faces charges of "
genocide.
Before the International Court of Justice, the highest judicial body of the United Nations.
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