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

September 10, 2018/in Press Releases and Statements

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 […]

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

September 7, 2018/in News

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. […]

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

September 10, 2018/in Press Releases and Statements

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

September 7, 2018/in News

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

September 10, 2018/in Press Releases and Statements

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.

Affiliate members

All Arakan Students’ and Youths’ Congress
Chin Human Rights Organization
EarthRights International
Pa-o Youth Organization
Association of Human Rights Defenders and Promoters
Progressive Voice
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

September 7, 2018/in News

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 Twitter, Facebook, Tumblr, YouTube, Flickr and Instagram.

ICC-CPI.int

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ND Burma

ND-Burma formed in 2004 in order to provide a way for Burma human rights organizations to collaborate on the human rights documentation process. The 13 ND-Burma member organizations seek to collectively use the truth of what communities in Burma have endured to advocate for justice for victims. ND-Burma trains local organizations in human rights documentation; coordinates members’ input into a common database using Martus, a secure open-source software; and engages in joint-advocacy campaigns.

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

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