Amnesty International on May 29 released a report asserting that Burma's military is continuing to commit war crimes and human rights violations in the context of its campaign against the rebel Arakan Army in Rakhine state. The campaign began after the Arakan Army launched coordinated attacks on police posts in Rakhine on Jan. 4, killing several officers. The report finds that the military has fired indiscriminately in civilian areas, killing and injuring civilians and damaging homes and other property. Soldiers have at times obstructed access to medical treatment for civilians, including children, injured by such attacks.
Seven soldiers imprisoned in Burma for killing 10 Rohingya Muslim men and boys have received an early release—serving less time than the reporters who uncovered the massacre they were convicted of. The soldiers were sentenced in 2018 to 10 years in prison for the killings at the village of Inn Din, but they "are no longer detained," prison officials told Reuters. The news agency said the men were freed in November. This means they served less than one year of their 10-year terms. They are the only people to have been convicted for atrocities committed during the 2017 military campaign against the Rohingya in western Rakhine state, in which more than 700,000 were displaced. Meanwhile, the two Reuters reporters who were imprisoned on charges of revealing "state secrets" for reporting the massacre were also just released—after serving 16 months. The reporters, Wa Lone and Kyaw Soe Oo, received a presidential amnesty on May 6.
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.
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)
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)
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 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.
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."