Burma

Burma sentences Arakan leader to 20 years

A Burmese court in Sittwe on March 19 sentenced prominent Rakhine ethnic leader Aye Maung to 20 years in prison for treason and defamation stemming from a January 2018 speech made one day before deadly riots broke out in Mrauk-U township. Maung, a member of parliament and former chairman of the Arakan National Party, was arrested along with writer Wai Hin Aung days after giving "inflammatory" speeches. Maung is said to have accused the ethnic Bamar-dominated ruling National League for Democracy (NLD) government of treating the ethnic Rakhine people (also known as the Arakan) like "slaves." Seven people were killed the evening after the speeches, when Rakhine protestors seized a government building and police opened fire. Maung’s lawyers are unsure if he will appeal at this time, as a new trial in the case could result in a death sentence. Both Maung and Aung received 18 years for treason and two for defamation.

Assad to The Hague —hope at last?

Even amid growing media portrayals that Bashar Assad has won the war in Syria, the first real hope has emerged that the dictator will face war crimes charges before the International Criminal Court. A group of Syrian refugees who fled to Jordan after surviving torture and massacres this week submitted dossiers of evidence to the ICC in an attempt to prosecute Assad. Although Syria is not a signatory to the Rome Statute, which establishes the court's jurisdiction, lawyers in London are citing recent precedent set by the ICC in extending jurisdiction for the crime of forcible population transfers across international borders. London barrister Rodney Dixon of Temple Garden Chambers, representing the group of 28 refugees, said: "The ICC exists precisely to bring justice to the victims of these most brutal international crimes... There is a jurisdictional gateway that has opened up finally for the ICC prosecutor to investigate the perpetrators who are most responsible." In his letter to chief prosecutor Fatou Bensouda, Dixon notes last year's ICC ruling on Rohingya refugees, allowing an investigation of non-signatory Burma to proceed. (The Guardian, BBC News)

Arakan Army escalates insurgency in Rakhine state

Over 700,000 Rohingya Muslims have been driven from Burma's northern Rakhine state into neighboring Bangladesh by the Burmese army's brutal "clearance operations," ostensibly launched in response to attacks by the Arakan Rohingya Salvation Army (ARSA) in August 2017. But over the past weeks, the state has seen a new outbreak of attacks—this time by the Arakan Army, an ethnic Rakhine insurgent group opposed to the central government's Burman-centric rule. Ambushes by Arakan Army fighters have targeted both the Burmese army, or Tatmadaw, and the Border Guard Police. Fighting in several townships has left some 2,500 displaced. Last month, the Tatmadaw announced a four-month ceasefire in Burma's north to facilitate peace talks with multiple armed groups fighting for local autonomy, but that announcement excluded Rakhine state. (Asia Times, Al Jazeera)

Protest forced repatriation of Rohingya refugees

Authorities in Bangladesh and Burma must immediately halt plans to send Rohingya refugees back to Burma's Rakhine State, Amnesty International said Nov. 14. A first wave of organized returns could begin as soon as this week, following the announcement of a bilateral agreement between Bangladesh and Burma last month—which Amnesty says falls short of international obligations. "This is a reckless move which puts lives at risk," said Nicholas Bequelin, Amnesty's regional director for East and Southeast Asia. "These women, men and children would be sent back into the Myanmar [Burma] military's grasp with no protection guarantees, to live alongside those who torched their homes and whose bullets they fled."

UN experts renew call for Burma genocide charges

UN investigators on Sept. 18 renewed their call for charges against Burma military officials suspected of carrying out a genocide against the nation's minority Rohingya population over the past year. The UN Office of Human Rights published an exhaustive list of atrocities and called "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." Since last August, 700,000 Rohinga refugees have fled into neighboring Bangladesh, and many have spoken of the Burmese military's attacks on their villages, describing actions that are considered crimes against humanity under international law. This August, a UN fact-fidning mission for the first time referred to the ethnic conflict in Burma as a genocide. Burma's government officially rejected the charges.

UN report: try Burma leaders for genocide

The UN Independent International Fact-Finding Mission on Myanmar urged in a report (PDF) released Aug. 27 the investigation and prosecution of Burma's top military generals for genocide, crimes against humanity and war crimes. A press release said the Mission "found patterns of gross human rights violations and abuses committed in Kachin, Rakhine and Shan States that 'undoubtedly amount to the gravest crimes under international law', principally by Myanmar's military, the Tatmadaw, but also by other security forces." The crimes against humanity "include murder; imprisonment; enforced disappearance; torture; rape; sexual slavery and other forms of sexual violence; persecution and enslavement." The Mission noted that these crimes are similar to those in other cases that have allowed the establishment of "genocidal intent." The Mission urged that these crimes be investigated and prosecuted in the International Criminal Court. It also "called for an independent, impartial mechanism to collect, consolidate, preserve and analyse evidence of violations."

China expands Indian Ocean military footprint

In addition to stationing troops on the disputed islands it claims in the South China Sea, Beijing is rapidly expanding its network of commercial ports across the Indian Ocean. This comes as China is sending warships into the Ocean with growing frequency, leading to fears that the commercial ports could presage military bases, The latest addition is the port of Hambantota in Sri Lanka, acquired in a debt swap deal—the Colombo government was forgiven $1 billion in debt to Beijing in exchange for the Hambantota facility. The agreement explicitly bars China's military use of the port, but critics note that Sri Lanka remains heavily indebted to China, and could be pressured to allow it. The pact also comes as the People's Liberation Army is providing training to Sri Lanka's military. Beijing also donated a frigate to Sri Lanka's navy after the pact was announced. China is simultaenously loaning political support to the Sri Lanka government in its defiance of international pressure for a war crimes investigation over its internal conflict with Tamil rebels.

Demand ICC investigation of Burma over Rohingya

The UN Special Rapporteur on the situation of human rights in Myanmar (Burma) Yanghee Lee on June 27 called for the Human Rights Council (HRC)  to support an investigation by the International Criminal Court (ICC) into crimes against the Rohingya people. "I strongly recommend the persons allegedly responsible for the violations of international human rights law and international humanitarian law be investigated and prosecuted by the ICC or a credible mechanism," said Lee. She also called for the HRC to "establish an accountability mechanism under the auspices of the United Nations without delay." This mechanism would investigate abuses, determine the criminal liability of the perpetrators, and support victims. Lee expressed disappointment that the Security Council has not yet referred Burma to the ICC. She said that none of the investigations by the Burmese government have met international standards, and were likely initiated to distract the international community.

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