Interviews | Society | Southeast Asia

Antonia Mulvey on the Pursuit of Justice in Myanmar

“In the short term, the likelihood of Myanmar’s military leadership appearing before a court is low, but not impossible.”

Dawda Jallow, The Gambia’s minister of justice, addresses the International Court of Justice (ICJ) in The Hague, Netherlands, during the opening of his country’s genocide case against Myanmar, Jan. 12, 2026.

The past few years have seen a proliferation of legal cases against Myanmar’s military, for crimes committed before and since the military coup of February 2021. Many of these efforts have been undertaken on the principle of “universal jurisdiction,” which allows the victims of atrocities to bring charges in foreign courts against particular crimes of international concern, regardless of where the crime was committed or the nationality of the victims and perpetrators.

Among the most recent was filed in Australia by Legal Action Worldwide (LAW), an international legal advocacy organization, alleging crimes against humanity and war crimes committed by Myanmar security forces since the 2021 coup, including widespread sexual violence.

LAW’s Executive Director Antonia Mulvey spoke with The Diplomat’s Sebastian Strangio about her organization’s case in Australia, the challenges facing international law at a time of growing geopolitical tension, and other attempts to bring Myanmar’s generals to account.

Let’s start with the case that your organization is pursuing in Australia – the first dealing exclusively with post-coup atrocities in Myanmar. Where does the case stand, and what is notable about it, both in terms of Myanmar accountability efforts and in relation to the Australian legal system? 

On 29 October 2025, LAW filed a 125-page criminal complaint with the Australian Federal Police on behalf of ten victims of serious crimes committed in Myanmar between February 2021 and May 2023. These include killings, unlawful detention, torture, sexual violence, persecution, and attacks on civilians linked to the military’s repression of pro-democracy movements. Some of the victims are currently in Australia, and others are willing to travel to support the case.

We requested an investigation into at least 35 officials from the Myanmar military, police, and prison system under Australia’s universal jurisdiction laws. The AFP took the complaint seriously and met with us in person, but ultimately declined to proceed. The main barriers were practical: no extradition pathway, no access to crime scenes, and no suspects present in Australia.

Despite this outcome, the case shows that Australia has the legal framework to address international crimes. It also highlights a wider challenge: without cooperation or access, these cases are difficult to move forward. Even so, universal jurisdiction remains one of the few available avenues for accountability for Myanmar victims.

LAW’s case adds to a growing list of international criminal cases facing the Myanmar military and its leaders, including a number of similar “universal jurisdiction” cases in other nations. All of these legal cases hinge on the eventual apprehension of Min Aung Hlaing and other alleged perpetrators. What do you think is the chance of this happening at some point? And if it doesn’t happen, is it all for nothing? 

In the short term, the likelihood of Myanmar’s military leadership appearing before a court is low, but not impossible.

History shows that political change can open the door to accountability. Leaders once seen as untouchable — such as Milošević or Charles Taylor — were eventually brought to justice after shifts in power, exile, or arrest abroad. Similar scenarios could emerge in Myanmar over time.

Even without arrests, these efforts are not symbolic. They preserve evidence, document patterns of abuse, and recognize victims. This work is time-sensitive — evidence can be lost, and witnesses disappear. What is done now can determine whether prosecutions are possible in the future. The question is not only when arrests will happen, but whether the groundwork is ready when they do.

As a member of the U.N. Fact-Finding Commission on Myanmar, you were involved in documenting atrocities committed against the Rohingya during the “clearance operation” of 2017, and in the subsequent genocide case at the International Court of Justice (ICJ) in The Hague, which held trial hearings in January. What has been significant about the ICJ case, and are you optimistic about a favorable ruling later this year? 

The ICJ case is one of the most significant genocide cases in recent decades.........

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