When the World Hesitates, a Small Nation Wages a Lone Legal War on Myanmar’s Junta

In what can be called a remarkable development in the path of justice, Timor-Leste, a tiny and obscure nation nestled within Southeast Asia, has spearheaded an ‘out of the ordinary’ legal move against Myanmar’s oppressive military leadership. This unthinkable move has highlighted grave concerns about the efficacy of trusted mechanisms that ensure international justice.

The rather daring move, astonishingly, came within just four months of the country joining the Association of Southeast Asian Nations (ASEAN).

According to reports, Timor-Leste has recently directed judicial authorities to appoint a prosecutor to scrutinise and investigate the alleged ‘war crimes’ and ‘crimes against humanity’ that are said to have been committed by the military regime of Myanmar.

If political and defence experts are to be believed, this move, if rightfully pursued, would be regarded as the very first instance where an ASEAN member has ever sought to prosecute the military leadership of another member country in such a manner.

The legal action initiated by Timor-Leste is predominantly a result of persistent efforts by the Chin Human Rights Organisation. It is a human rights group that represents the Chin minority in Myanmar and has been seriously advocating justice for the victims of alleged atrocities.

Meanwhile, as the process of indicting the accused is in progress, Timor-Leste’s authorities are now considering whether to file formal charges against senior members of Myanmar’s military, including junta leader Min Aung Hlaing.

It may be mentioned that any prosecution would be grounded in the principle of universal jurisdiction, which allows national courts to try individuals for grave international crimes regardless of where they were committed or the nationality of those involved.

Interestingly, the particular case highlights an ever-growing frustration within the circle of human rights activists and legal experts over that fact, which is seen by many as a blatant limitation of the existing international bodies ensuring justice in cases of crimes against humanity.

According to the South Asian Terrorist Portal (SATP), which is considered to be one of the major study and research institutions of armed conflicts, particularly in the South Asian context, “The international legal system that includes courts designed to protect civilians and prosecute atrocities is at a breaking point.”

Critics have also argued over the fact that judicial bodies such as the International Criminal Court (ICC) have, of late, become unprecedentedly slow and are very selective in terms of the cases they pursue. They also lack robust enforcement mechanisms that could ensure timely and swift justice procedures.

Even though both the ICC and the International Court of Justice (ICJ) already have inquiries that are ongoing, related to allegations of war crimes and mass abuses inflicted upon the Rohingya population of Myanmar, these procedures are yet to transform into concrete and decisive legal actions against the accused top military officials of the Myanmar Junta. The ICC has been urged to issue an arrest warrant for Min Aung Hlaing, but judges have not yet authorised this. 

However, Timor-Leste’s initiative is seen by many as an action that could possibly encourage other nations with ‘universal jurisdiction’ laws to resort to taking similar actions that could amplify the pressure on the oppressive junta and usher in a new hope for the voiceless victims who are desperately seeking justice. 

It may be mentioned that Timor-Leste, or East Timor, a Southeast Asian nation occupying half the island of Timor, is strategically ringed by coral reefs teeming with a rich and diverse marine life. Landmarks in the capital, Dili, speak to the country's struggles for independence from Portugal in 1975 and then Indonesia in 2002.

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