(1) With respect to the war crimes and crimes against humanity committed by the Military Commission’s forces in Chin State, the court of Timor-Leste accepted the lawsuit on January 12, filed by the Chin Human Rights Organization (CHRO). In connection with this matter, the Military Commission’s Ministry of Foreign Affairs announced that, on the grounds that the President of Timor-Leste had violated Article 2, paragraph 2 (a), (e), and (k) of the ASEAN Charter, it had issued a directive ordering Mr. Elisio do Rosario de Sousa, Chargé d’affaires ad interim of the Timor-Leste Embassy, to permanently depart from Myanmar in accordance with Article (9) of the Vienna Convention (1961).
(2) The preamble and principles of the ASEAN Charter stipulate adherence to democratic principles, the rule of law, good governance, and respect for and protection of human rights and fundamental freedoms. They also require compliance with the United Nations Charter and international law, including international humanitarian law. However, it is regrettable that, to this day, most ASEAN member states continue to place greater emphasis on the principle of non-interference in internal affairs. Against this backdrop, the Military Commission has failed to comply with the ASEAN Charter and ASEAN’s Five-Point Consensus imposed on the Military Commission, while selectively invoking the ASEAN Charter to accuse and expel the Chargé d’affaires ad interim of the Timor-Leste.
(3) A state’s claim to non-interference of internal affairs and sovereignty does not protect individuals from universal jurisdiction in the cases involving grave crimes of international concern. This principle can be seen, for example, in the case of former Chilean President Pinochet. Timor-Leste is a country that recognizes universal jurisdiction. Therefore, the acceptance by Timor-Leste’s court system of the CHRO’s complaint concerning alleged war crimes and crimes against humanity committed by the Military Commission does not constitute a violation of the ASEAN Charter. It may also significantly contribute to ongoing proceedings brought against the Military Commission before the International Criminal Court (ICC) and the International Court of Justice (ICJ).
(4) Although Timor-Leste is a new ASEAN member state, it should be recognized and valued for its distinctive efforts—compared to other ASEAN member states—to uphold the rule of law, the United Nations Charter, and international laws accepted by ASEAN members. Therefore, Timor-Leste should be regarded as a leading example among ASEAN member states, demonstrating respect for human rights, the rule of law, and international laws, in contrast to those that prioritize only their national interests.
(5) ASEAN is founded upon the principles of public international law, and its member states bear primary responsibility for internationally wrongful acts. This is an obligation Erga Omnes partes arising out of international legal doctrines. Accordingly, ASEAN member states are urged, based on the principle of state responsibility, to cooperate in ensuring accountability and legal action against the Military Commission for acts of alleged genocide, war crimes, and crimes against humanity.
Legal Aid Network 24th February 2026
