El 13 de febrero de 2025, una jueza argentina, María Romilda Servini de Cubria, dictó órdenes de detención contra 25 funcionarios militares y civiles de Myanmar, entre ellos el comandante en jefe Min Aung Hlaing y el comandante en jefe adjunto Soe Win, por la presunta comisión de genocidio y delitos como asesinato con agravantes, abusos sexuales y tortura contra los rohingya. Es la primera vez que se emiten órdenes de detención públicas en un caso de jurisdicción universal en el que se juzgan crímenes contra los rohingya, lo que representa un paso significativo hacia la justicia.

Reproductive violence is a distinct form of sexual and gender-based violence (SGBV) targeting reproductive autonomy, a right protected under international law. The impacts of reproductive violence can be as profound, damaging, and long-lasting as those accompanying other forms of violence and can compound the pain of other forms of SGBV. Yet recognition of reproductive violence as a distinct harm has been overlooked historically, including in international investigations of atrocities, conflict, humanitarian crises, or other instability. International investigations often play a key role in guiding international responses to crises, and the omission of reproductive violence can thus have significant ripple effects.

Gender-discriminatory laws and policies, and impunity for sexual and gender-based crimes, have long been the norm in Myanmar. Since independence in 1948, successive military regimes have perpetuated systemic discrimination based on gender, sexual orientation, and gender identity. The 2021 military coup greatly exacerbated gender-based discrimination and violence against women and people with diverse gender identities, and put an immediate end to any attempts to reform or eliminate these structural barriers to equality.

We, the undersigned individuals and organizations, are writing regarding the Draft Articles on Prevention and Punishment of Crimes Against Humanity, currently under your consideration. We applaud the Sixth Committee’s leadership on and engagement with the draft articles. April’s resumed session discussion was an indisputable advance. Progress is being made to form the basis for actual negotiations of a new crimes against humanity convention that would have significant potential to advance protection for civilian populations at risk as well as justice for gender-based crimes.

It is imperative that the 2019 Draft articles on Prevention and Punishment of Crimes Against Humanity (the “Draft Crimes Against Humanity Convention”) protect the value of “reproductive autonomy,” meaning the right of every individual to exercise agency over their fertility; their choice about whether, and in what circumstances, to reproduce.