A small country has defied Myanmar's junta

Just months after joining ASEAN, Timor-Leste has made a move that could shake up regional diplomacy: authorities have appointed a prosecutor to look into the possible responsibility of Myanmar's military for war crimes and crimes against humanity.

This is said to be the first time that an ASEAN state has launched such a process against another member of the association, The Conversation writes.

At issue is a dossier filed in Dili by the Chin Human Rights Organisation (CHRO), an organisation representing the interests of the Chin people, one of Myanmar's minorities. It is now up to the Timorese authorities to assess the material and decide whether there are grounds for further steps - up to and including bringing charges against the leaders of the military administration, including junta chief Min Aung Hlaing.

Key to the case is the principle of universal jurisdiction. It allows national courts to try serious international crimes (such as war crimes) regardless of where they occurred or the nationality of the victims or suspects. In practice, it is a way of "circumventing" deadlocks where international mechanisms are tedious or do not have quick access to the accused.

Just this week, we discussed the findings of a major Geneva Academy report that the system of international humanitarian law designed to protect civilians is at a "tipping point/fracture" amidst multiple conflicts and weak accountability for violations.

The author reminds why hopes for "big" courts often disappoint. The International Criminal Court (ICC) is criticised for slowness and problems with enforcement of decisions, while the UN International Court of Justice (ICJ) generally considers the responsibility of states rather than individuals. Meanwhile, international trials are already underway in Myanmar, but they are largely related to crimes against the Rohingya and pre-coup events, and judgements can drag on for years.

Even if Timor-Leste decides to prosecute, there are a host of practical hurdles ahead, from gathering evidence and protecting witnesses (when everything happens outside the country) to the issue of arresting defendants who may simply not show up in jurisdictions where they face detention.

But the very step of appointing a prosecutor and launching a probe already looks like a signal: some states and victims are trying to seek justice not only "in The Hague" but also through national courts.

Timor-Leste (East Timor) is a small state in Southeast Asia on the eastern part of the island of Timor (capital Dili). It was long a Portuguese colony, then the territory was annexed by Indonesia (from the 1970s), and after a period of UN administration, the country regained independence in 2002.

Myanmar's military has been accused (by the UN, international human rights organisations and international court prosecutors) of a number of international crimes. In brief, two big blocks:

Crimes against the Rohingya (especially 2016-2017)

During operations in Rakhine State, security forces were accused of mass killings, rape, burning villages and displacement, causing over 700,000 Rohingya to flee to Bangladesh. These events are at the heart of a case at the UN International Court of Justice (ICJ) for alleged violations of the Genocide Convention.

Crimes after the coup on 1 February 2021

Since seizing power, the military has dramatically escalated violence against civilians, according to UN and human rights activists. The list of most frequently cited violations includes:

• arbitrary arrests and mass detentions of political opponents,

• torture and ill-treatment in places of detention, including sexualised violence,

• extrajudicial executions/murders,

• indiscriminate and/or deliberate attacks on civilians and civilian infrastructure (including airstrikes),

• attacks affecting schools, hospitals, religious sites and camps for displaced persons,

• use of prohibited or widely condemned means of warfare (reportedly cluster munitions and anti-personnel mines).

The UN, through the IIMM (Independent Mechanism on Myanmar), collects and preserves evidence of serious international crimes for future trials in national and international courts.

Note: ASEAN is the Association of Southeast Asian Nations (Association of Southeast Asian Nations). It is a regional bloc of countries that was created to cooperate and reduce tensions in the region, and over time has become a platform for economic integration, political dialogue and security issues.

• Founded: 8 August 1967 (Bangkok Declaration).

• Headquarters: Jakarta, Indonesia.

• Members: historically there have been 10 states, with Timor-Leste becoming the 11th member (formalised in 2025).

Timor-Leste's step on Myanmar is an example of how a state uses universal jurisdiction (a national court considers war crimes/crimes against humanity even if they are committed abroad).

This is important for Ukraine because the logic of "no safe harbours" is becoming the norm: the more countries are willing to open such cases against the Russian Federation, the less room for impunity.