Myanmar military junta officially charged with purported war crimes before the Philippines' Justice Department

On Wednesday, a group of five individuals from Thantlang village in Myanmar's Christian-majority state of Chin submitted a 160-page joint criminal complaint-affidavit, which identifies ten high-ranking military and military-appointed officials as respondents, including Senior General Min Aung Hlaing, the head of the junta.

The allegations encompass a range of crimes, from the murder of a pastor and two church elders to what the victims' families describe as a systematic campaign of burning down civilian homes in their village in September 2021, carried out by Myanmar's military, also known as the Tatmadaw.

During a news conference held in Manila, Philippines, Zing Ral Tu, a Myanmar national who mourns the loss of her father, emotionally expressed her grief and frustration after filing a criminal complaint regarding war crimes committed by the Myanmar military.

“My father and his friend were murdered by the Burmese army,” Ral Tu said.

Her father held a prominent position as a community leader and played a crucial role in facilitating a peace agreement that led to a ceasefire in 2012 between the conflicting Myanmar army and the Chin National Army.

"The soldiers also mutilated Pastor Cung Biak Hum by severing his ring finger and pilfered his wedding ring, watch, and mobile phone."

The affidavit includes compelling evidence, such as photographs depicting the aftermath of the heavy artillery strikes on civilian residences by Myanmar military personnel. Before the case can proceed to court, it will be contingent on Philippine prosecutors to approve an indictment based on probable cause.

This case stems from the aftermath of Myanmar's military coup in February 2021, which resulted in the removal of the democratically elected government of Aung San Suu Kyi and unleashed a wave of violence across the predominantly Buddhist nation. In September of that year, residents of Thantlang witnessed their homes being set ablaze by the junta, prompting most of the villagers to flee to the neighboring state of Mizoram in northeast India.

The complaint referenced the report of the United Nations High Commissioner of Human Rights, dated February 25, 2022, which attributed the destruction of more than 900 structures in Thantlang to Tatmadaw Light Infantry Brigade (LIB) 222, as a result of at least 23 consecutive attacks.

Legal representatives from the Philippines who are advocating for Myanmar nationals have contended that the country can adjudicate these cases by relying on its International Humanitarian Act. This law allows the application of both international customary and conventional legal principles as a reference for domestic courts.

“Universal jurisdiction means that any state can prosecute a crime,” Lawyer of the complainants Romel Bagares explained.

“This is not an ordinary crime. It's considered a crime against the entire international community. What we've brought to the attention of the DOJ are war crimes targeting civilians, mutilation, and the targeting of civilian objects. Houses of civilians were burned down. Churches were burned down.”

Legal actions targeting the Myanmar military have also been initiated in Indonesia, the United Kingdom, and Türkiye.

Myanmar, Indonesia, and the Philippines, all members of the Association of Southeast Asian Nations (ASEAN) adhere to a principle of refraining from involvement in the internal matters of its member states.