U.K. Says Myanmar May Need to Be Referred to ICC over Rohingya

LONDON—British Foreign Minister Jeremy Hunt said on Thursday that the international community should consider referring the treatment of Rohingya in Myanmar to the International Criminal Court (ICC) unless those responsible are tried and held accountable in the country.

“If there is not going to be accountability and justice in Burma, then the international community needs to look at all options including ICC referral,” Hunt said on Twitter, posting during his visit to Myanmar.

“The latter would need the support of the Security Council, which it may not get, so we need to look at other options too.”

Irrawaddy News

Myanmar: UN Fact-Finding Mission releases its full account of massive violations by military in Rakhine, Kachin and Shan States

18 September 2018

GENEVA (18 September 2018) – The Independent International Fact-Finding Mission on Myanmar on Tuesday released the full 440-page account of the findings of its 15-month examination of the situation in three states in Myanmar. The report also makes dozens of recommendations, including to the United Nations and the international community and to the Government of Myanmar. It reiterates the Fact-Finding Mission’s call for the investigation and prosecution of Myanmar’s Commander-in-Chief, Senior General Min Aung Hlaing, and his top military leaders for genocide, crimes against humanity and war crimes.

“Peace will not be achieved while the Tatmadaw remains above the law,” Marzuki Darusman, chair of the Fact-Finding Mission stated. “The Tatmadaw is the greatest impediment to Myanmar’s development as a modern democratic nation. The Commander-in-Chief of the Tatmadaw, Min Aung Hlaing, and all the current leadership must be replaced, and a complete restructuring must be undertaken to place the Tatmadaw under full civilian control. Myanmar’s democratic transition depends on it.”

Following the release of its 20-page report to the Human Rights Council of its main findings on 27 August 2018, the Mission has now released its full report, unprecedented in its scope. The full report establishes the clear patterns of violations by the Myanmar military, known as the Tatmadaw, across the country, and the legal analysis on which the recommendations are based.

The three members of the Fact-Finding Mission will present their report to the UN Human Rights Council on Tuesday morning.

Drawing on 875 detailed interviews conducted in locations in five countries, the report illustrates, in graphic detail, the violent modus operandi that is the hallmark of Tatmadaw operations against its own people.  The Mission was struck by how similar the Tatmadaw operations and conduct were in all three States.

“During their operations the Tatmadaw has systematically targeted civilians, including women and children, committed sexual violence, voiced and promoted exclusionary and discriminatory rhetoric against minorities, and established a climate of impunity for its soldiers,” said Marzuki Darusman. “The full findings we are releasing today show why, in our report to the Human Rights Council, we insist that the perpetrators of the gross human rights violations and international crimes, committed in Rakhine, Kachin and Shan States must not go unpunished. They also show why the top generals should be investigated and prosecuted for genocide in Rakhine State. I have never been confronted by crimes as horrendous and on such a scale as these.”

The report sets out in extensive detail its findings on the extreme violence perpetrated against the Rohingya in Rakhine State since 25 August 2017, in what the Tatmadaw referred to as ‘clearance operations’. It documents in unsparing detail how the Tatmadaw took the lead in killing thousands of Rohingya civilians, as well as forced disappearances, mass gang rape and the burning of hundreds of villages.

Through first-hand testimony from hundreds of victims and witnesses, the report provides harrowing details of some of the most serious mass-killings that took place during the ‘clearance operations’. These operations – including those in Min Gyi (known in Rohingya as Tula Toli), Chut Pyin and Maung Nu – involved planned and deliberately executed mass killing in which “dozens and, in some cases hundreds of men, women and children were killed”, the report says.

The report also details how the Tatmadaw perpetrated similar patterns of violations in numerous other villages. The Mission has corroborated Tatmadaw ‘clearance-operations’ in a total of 54 locations, and received first-hand accounts of additional operations in a further 22 locations.

“The horrors inflicted on Rohingya men, women and children during the August 2017 operations, including their indiscriminate killing, rise to the level of both war crimes and crimes against humanity”, said Radhika Coomaraswamy, another member of the Mission. “The crimes themselves, and the manner in which they were perpetrated, were found to be similar in nature, gravity and scope to those that have allowed for genocidal intent to be established in other contexts,” she added.

The report reveals a pattern of rape and other forms of sexual violence committed on a shocking scale. Hundreds, possibly thousands, of Rohingya women and girls were brutally raped, including in public mass gang rapes. Many victims were then killed or mutilated. This represents a particularly serious pattern of orchestrated and condoned sexual violence. The report concludes that “rape and sexual violence are part of a deliberate strategy to intimidate, terrorise or punish a civilian population, and are used as a tactic of war.”

The experts also expressed grave concern at the conviction and imprisonment of two Reuters reporters, Wa Lone and Kyaw Soe Oo. “These journalists have engaged in legitimate work investigating the extrajudicial killings of 10 Rohingya men in Inn Din, an incident we have now independently corroborated,” commented the experts.  “While the Reuters investigation brought this incident to light, regrettably it is just the tip of an iceberg of violent mass killings, others of which are detailed in our report.”

The report includes satellite images, setting out detailed analysis that corroborates information provided by victims and witnesses. The images show the transformation of much of northern Rakhine State over the past year, with at least Rohingya 392 villages razed to the ground, providing irrefutable documentation of the scale of destruction perpetrated.

Further satellite imagery shows that the burning has been followed with the clearance by bulldozers of large areas of land. “Through this process, many Rohingya villages have been rendered unrecognisable, devoid of all structures, trees and vegetation”, the report states. “Now, new security structures, infrastructure projects, and new villages, almost exclusively built for other non-Rohingya ethnic communities, are being constructed where Rohingya homes once stood.” In this light, the report casts serious doubts over plans for repatriation: “In the current circumstances, returns are not possible,” it says.

The report further details how the extreme violence perpetrated against the Rohingya in 2017 and their mass expulsion can only be properly understood against a backdrop of decades of institutionalised oppression and persecution affecting the lives of the Rohingya “from birth to death”. This includes the denial of legal status and identity; restrictions on freedom of movement, access to food, livelihood, health and education; and restrictions affecting private life such as marriage and birth. The Mission has also investigated thoroughly the 2012 violence between the ethnic Rakhine and the Rohingya, with a focus on the events in Maungdaw, Sittwe and Kyaukpyu. It concluded that the 2012 violence was not purely “inter-communal,” as asserted by the authorities, but actively instigated, through concerted hate campaigns, with the involvement of the Tatmadaw, the Police, other State institutions and many figures of authority.

The Mission also documented serious human rights violations by the Tatmadaw against ethnic Rakhine communities, including forced labour, sexual violence, killings and forced evictions. “Human rights violations against ethnic Rakhine communities have largely gone unnoticed,” underlined the experts, calling for further investigations into violations against them.

Although their violations are nowhere near the same scale as those by the Tatmadaw, the Arakan Rohingya Salvation Army (ARSA) and the ethnic armed organizations (EAOs) operating in  Kachin and Shan States have not escaped scrutiny by the Mission. The report concludes that ethnic armed organizations have carried out extrajudicial killings, failed to take precautionary measures to protect civilians during attacks, destroyed property and forcibly recruited civilians, among other abuses.

Although international attention has focused overwhelmingly on the situation in Rakhine State, the report also sets out the findings of its detailed investigation into violations perpetrated in the northern states of Shan and Kachin. The report finds that the actions of the Tatmadaw in both Kachin and Shan States since 2011 amount to war crimes and crimes against humanity.

While the conflict in the north is ostensibly between the Tatmadaw and ethnic armed groups, civilians in Kachin and Shan are targeted, often simply for belonging to the same ethnic group as the Tatmadaw’s opponents. Through specific case studies, the Mission establishes the patterns of behaviour of the Tatmadaw in the northern States.

“As in Rakhine, civilians are targeted for killings, rape, arbitrary arrest and detention, enforced disappearance, forced labour, torture and ill-treatment, and persecution based on ethnic or religious grounds,” said Chris Sidoti, the Fact-Funding mission’s other member. “To date, the long-standing conflicts in the north of Myanmar have received inadequate international attention.  We hope our report will raise awareness of the critical situation in Kachin and Shan. We are seriously concerned that fighting is continuing in these regions, with new allegations of serious violations against civilians continuing to emerge.”

The report also finds a prevalent pattern of destruction of civilian homes and property in the north. Tens of thousands of people have been displaced in Kachin and Shan, and many continue to live in dire conditions in displaced persons’ camps.

The report also investigated the rampant hate speech in Myanmar disseminated through public pronouncements, religious teachings and traditional and social media including Facebook. “The Myanmar authorities have emboldened those who preach hatred and silenced those who stand for tolerance and human rights,” the report notes. “By creating an environment where extremists’ discourse can thrive, human rights violations are legitimised, and incitement to discrimination and violence facilitated.”

“The Tatmadaw acts with complete impunity and has never been held accountable for the violations of international law it is consistently involved in,” the report concludes. The report calls on the United Nations Security Council to refer Myanmar to the International Criminal Court, or to establish an ad hoc international criminal tribunal. It also calls for targeted individual sanctions, including travel bans and asset freezes against those who appear most responsible, and an arms embargo on Myanmar. The experts identified six individual senior commanders as most responsible, including the Tatmadaw Commander in Chief, Senior-General Min Aung Hlaing. An unpublished list containing additional names will be given to the High Commissioner for Human Rights who will be able to share it at her discretion with any competent and credible body pursuing accountability.

“Addressing situations like that in Myanmar touches on the very purpose of the United Nations,” the experts noted, emphasising the imperative for the organisation to continue its important work in country. “We call on all the competent organs and agencies of the UN to step up to the task, and to act with urgency and in accordance with the principles of human rights.”

“The international community has failed. Let us now resolve not to fail the people of Myanmar again,” they added.

ENDS

Media products including videos, slideshows, satellite imagery and analysis and infographics are available at the Mission’s websitewww.ffmmyanmar.org

The full report will be available on the report page or download here

  • UNTV will broadcast both the council session, which includes a dialogue with Myanmar, and the Mission’s press conference scheduled immediately after the council session at webtv.un.org

 Marzuki Darusman, lawyer and human rights campaigner and former Attorney-General of Indonesia, is chair of the fact-finding mission. The other two members of the fact-finding mission are Radhika Coomaraswamy, a lawyer and former UN Special Rapporteur on Violence against Women and UN Special Representative for Children and Armed Conflict; and Christopher Sidoti, international human rights lawyer and former Australian Human Rights Commissioner.

Contact information: Nathan Thompson, consultant.thompson@ohchr.org +41 76 691 0799

Report of the Independent International Fact-finding Mission on Myanmar – A/HRC/39/64

Report of the detailed findings of the Independent International Fact-Finding Mission on Myanmar – A/HRC/39/CRP.2

UN Human Rights Council

Human trafficking on China border can only be addressed by ending Burma Army offensives and war crimes

Statement on # Myanmar’s Anti-Trafficking in Persons Day

Human trafficking on China border can only be addressed by ending Burma Army offensives and war crimes

statement by# KWAT
September 13, 2018

Read more

ND-Burma’s bi-annual report finds human rights situation deteriorating across the country 

Update on the Human Rights Situation in Burma (January – Jun 2018)

We are extremely grateful to the interviewees for their courage in speaking the truth. We are also grateful to the ND-Burma member organisations and their fieldworkers who collected the information at great personal risk.

We would like to express our gratitude to the numerous people and institutions that provided critical support and input for the production of this report. We would also like to thank our donors for their generous financial support, without which this report would not be possible.

ND-Burma’s bi-annual report finds human rights situation deteriorating across the country 

ND-Burma’s bi-annual report finds human rights situation deteriorating across the country

11 September 2018

For immediate press release

ND-Burma’s biannual report on the human rights situation has found that intense conflict between the military and ethnic armed organisations has been accompanied by a spike in the number of human rights violations recorded. In Kachin and northern Shan states the military committed human rights violations against civilians during armed conflict, including: indiscriminate shelling and aerial bombing of civilian areas; looting and destruction of property; and using those fleeing conflict as human shields and minesweepers.

As part of the military’s ongoing campaign against ethnic armed organisations, soldiers have continued to arbitrarily arrest and torture ethnic nationality civilians accused of supporting insurgents. A 41-year-old man interviewed for the report was tortured for four days by Burma army soldiers after being accused of providing rice to the Kachin Independence Army, telling ND-Burma that soldiers beat him “as if they were pounding sticky rice to become powder.”

Impunity for human rights violations continues to be the norm. ND-Burma’s report found that sexual violence is so normalised in the armed forces that a soldier who raped a mentally handicapped woman in northern Shan State faced no disciplinary measures aside from a slap on the cheek from his superior.

An escalation in conflict has also resulted in civilians being killed and injured by landmines laid by both government soldiers and ethnic armed organisations.

The reporting period also saw a clampdown on freedom of expression and assembly, with protesters in Rangoon and Arakan states arrested, tortured, and killed.

Key findings:

  • ND-Burma documented 45 cases of human rights violations across four states and regions over the period January – June 2018. ND-Burma recorded 24 cases over the same six-month period in 2017, and  50 cases over the whole of 2017.
  • The uptick in human rights violations recorded is the result of an intensification in conflict in Kachin and northern Shan states. Three quarters of the human rights violations ND-Burma documented were in Kachin and northern Shan. In these areas civilians have been subjected to shelling, arbitrary arrest, torture, and death and injury by landmines.
  • The reporting period also saw the curtailment of fundamental freedoms. In Arakan State a police crackdown on a protest resulted in the death and injury of civilians and an unclaimed bomb explosion resulted in the arbitrary arrest of a former political prisoner. An anti-war protest in Rangoon led to the detention of a number of demonstrators.
  • The majority of human rights violations were committed by government security forces. Several instances of death and injury by landmines were recorded. ND-Burma also documented human rights violations committed by ethnic armed organisations, including arbitrary arrest and detention, forced recruitment and labour, and death as a result of fighting between armed groups in civilian areas.
  • None of the cases in this report have seen justice. In one case, the Burma army gave 200,000 kyats (approx. 150 USD) to the family of a woman raped by a soldier in northern Shan State.
  • ND-Burma’s documentation shows that as long as there is impunity for human rights violations, they will continue. Government security forces continue to show little respect for human life, in particular in conflict zones, and armed groups also commit human rights abuses. Civilians are the victims and urgently need a government reparations programme to address the impact of human rights violations and end impunity.


Media contact:

Chit Chit Win

Advocacy team member
Mobile: +95 (0) 9452204210

ND-Burma is a 13-member organisation whose members represent a range of ethnic nationalities, women’s groups, and former political prisoners. We have been documenting human rights abuses and fighting for justice for victims since 2004.

  1. Assistance Association for Political Prisoners – Burma
  2. Human Rights Foundation of Monland
  3. Kachin Women’s Association – Thailand
  4. Ta’ang Women’s Organization
  5. Ta’ang Students and Youth Organization
  6. Tavoyan Women’s Union

Affiliate members

  1. All Arakan Students’ and Youths’ Congress
  2. Chin Human Rights Organization
  3. EarthRights International
  4. Pa-o Youth Organization
  5. Association of Human Rights Defenders and Promoters
  6. Progressive Voice
  7. East Bago – Former Political Prisoners Network

 

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ICC Pre-Trial Chamber I rules that the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh

Today, 6 September 2018, Pre-Trial Chamber I (the “Chamber”) of the International Criminal Court (“ICC” or the “Court”), composed of Judge Péter Kovács, Judge Marc Perrin de Brichambaut and Judge Reine Adélaïde Sophie Alapini-Gansou, decided by majority that the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.

This ruling was delivered following a request submitted by the Prosecutor pursuant to article 19(3) of the Statute, who argued that, although the coercive acts underlying the alleged deportation of members of the Rohingya people occurred on the territory of Myanmar (which is a State not party to the Statute), the Court may nonetheless exercise its jurisdiction, since an element of this crime (the crossing of a border) occurred on the territory of Bangladesh (which is a State party to the Statute).

The Chamber found that it has the power to entertain the Prosecutor’s request under article 119(1) of the ICC Rome Statute (the “Statute”), as well as pursuant to the principle of la compétence de la compétence or Kompetenz‑Kompetenz – a well-established principle of international law according to which any international tribunal has the power to determine the extent of its own jurisdiction.

Furthermore, in light of the fact that Myanmar is not a party to the Statute, the Chamber noted that, while the Court has objective international legal personality, its jurisdiction must still be determined in accordance with the confines of the Statute.

In relation to the central question contained in the Prosecutor’s request, the Chamber decided, first, that article 7(1)(d) of the Statute contains two separate crimes (namely forcible transfer and deportation) and, second, that the Court may exercise its jurisdiction if either an element of a crime mentioned in article 5 of the Statute or part of such a crime is committed on the territory of a State that is party to the Statute under article 12(2)(a) of the Statute.

The Chamber ruled on this basis that the Court has jurisdiction over the crime against humanity of deportation allegedly committed against members of the Rohingya people. The reason is that an element of this crime (the crossing of a border) took place on the territory of a State party to the Statute (Bangladesh). The Chamber further found that the Court may also exercise its jurisdiction with regard to any other crime set out in article 5 of the Statute, such as the crimes against humanity of persecution and/or other inhumane acts.

The Prosecutor must take the legally binding ruling of the Chamber into account as she continues with her preliminary examination concerning the crimes allegedly committed against the Rohingya people. In this respect, the Chamber determined that such a preliminary examination must be concluded within a reasonable time.

Judge Perrin de Brichambaut appended a partially dissenting opinion to the decision solely based on procedural grounds. Judge Perrin de Brichambaut is of the view that articles 19(3) and 119(1) of the Statute are inapplicable and that the principle of la compétence de la compétence cannot serve as an alternative basis for the Chamber to provide a ruling. According to Judge Perrin de Brichambaut, rendering the ruling requested by the Prosecutor would amount to an advisory opinion, which the Court is not allowed to do. For these reasons, Judge Perrin de Brichambaut believes that the Court cannot rule on its jurisdiction in relation to the alleged deportation of members of the Rohingya people from Myanmar to Bangladesh at this stage, but that it remains open to the Prosecutor to present a request for authorisation of an investigation to a Pre-Trial Chamber under article 15 of the Statute.

Decision on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute” & PARTIALLY DISSENTING OPINION OF JUDGE MARC PERRIN DE BRICHAMBAUT


For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: fadi.el-abdallah@icc-cpi.int

You can also follow the Court’s activities on TwitterFacebookTumblrYouTubeFlickr and Instagram.