Former Myanmar Ambassador Tried for Diplomatic Trespass in London

On August 12, Westminster Magistrates’ Court heard the case of Kyaw Zwar Minn, the former Myanmar ambassador to the United Kingdom. The 68-year-old diplomat has been charged with trespassing at the ambassadorial residence, known as Myanmar House, for allegedly remaining in the property from May 2021 through November 2024 after his recall. Minn entered a not-guilty plea.

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Following the February 2021 military coup in Myanmar, Minn publicly rejected the junta and called for the release of deposed civilian leader Aung San Suu Kyi. The coup led to his removal and the locking of the embassy by a deputy, Chit Win, and military attaché Soe Aung. Minn subsequently stayed in the north-west London residence, asserting that the junta-led government of President Min Aung Hlaing is illegitimate and therefore unable to order his eviction. Critics and Western governments have described the 2024 election that returned Min Aung Hlaing’s party a “sham.” The International Criminal Court has issued a warrant for Min Aung Hlaing for crimes against humanity against the Rohingya minority.

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Prosecutor Louise Oakley argued that Myanmar’s Ministry of Foreign Affairs instructed Minn to “hand over state-owned properties” by mid-April 2021 and that Britain’s Foreign Office also told him to vacate, making his continued occupancy unlawful. Oakley stated that his diplomatic licence had been properly terminated. Minn’s counsel, David Perry, countered that the junta could not lawfully revoke the diplomatic licence or use the property, emphasizing the claim of governmental illegitimacy.

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The trial occurs as Myanmar’s civil war enters its sixth year, with the Council on Foreign Relations estimating over 100,000 deaths and more than 5 million people displaced. The case highlights the diplomatic complexities that arise when a host nation does not recognise a foreign government installed by a coup.

The Guardian

• “We submit that his legal permission and any licence to occupy as the ambassador or head of mission had properly been terminated,” — Louise Oakley

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