World Court to Rule on Emergency Measures in Rohingya Genocide Case

Excerpt of Reuters article that features GJC President Akila Radhakrishnan.

Although the Myanmar case in The Hague is only at an early stage, human rights lawyer Akila Radhakrishnan said it has already had an impact.

"Since the case was filed we've seen the government take some action to ensure accountability, like issuing a court martial. Now the military justice system is deeply flawed but its something that wasn't there before," she said.

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Myanmar’s Silence on Rape Against Rohingya Is Cruel and Dangerous

Excerpt of Pass Blue op-ed by GJC President Akila Radhakrishnan.

Last month, the world was struck by an unusual image — that of a Nobel Peace Prize laureate, Aung San Suu Kyi — standing in court to defend and deny genocide. What was striking was not only what she and Myanmar’s legal team said but also what wasn’t said: the total failure of Myanmar to respond to the allegations of mass sexual violence against the Rohingya, including rape.

As Prof. Philippe Sands, counsel for The Gambia, which brought the case against Myanmar, said, “Madame agent, your silence says far more than your words.”

In fact, the words “sexual violence” passed through the lips of Myanmar’s team just once during the three-day hearings at the International Court of Justice in December, only to say that it is “a phenomenon that regrettably occurs in many parts of the world and that we all condemn unequivocally.”

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Myanmar finds war crimes but no genocide in Rohingya crackdown

Excerpt of Al Jazeera article that features GJC President Akila Radhakrishnan.

But refugees carried consistent accounts of widespread murder, rape, torture and arson with them and have so far largely refused to return for fear of their safety.

“All signs point to what human rights experts and Rohingya themselves already know, which is that the government has no intention of bringing perpetrators of mass rape and other genocidal crimes to justice,” Akila Radhakrishnan, president of the Global Justice Center said in a statement.

“This Commission is just yet another domestic attempt to deflect responsibility and whitewash the situation of the Rohingya.”

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Myanmar “Independent” Commission on Rohingya Violence Submits Final Report

Report Confirms Human Rights Experts’ Charges that Commission Won’t Provide Real Accountability

NEW YORK – The Independent Commission of Enquiry (ICOE), established by the Government of Myanmar to investigate human rights abuses in Rakhine State, submitted its final report to Myanmar’s government today. The full report is not yet public and its submission comes days before an International Court of Justice ruling that could impose immediately binding obligations on Myanmar.

The report acknowledged some human rights abuses occurred in the context of what it deemed an “internal armed conflict,” but found no evidence of genocidal intent, contradicting independent United Nations investigations and numerous human rights organizations. The Commission also asserts that its full report and annexes can be used as the basis for domestic investigations, including by the military justice system as a venue for accountability, despite the military’s history of protecting soldiers who carried out human rights abuses and the significant flaws of the system. The report also seemingly fails, like the Government of Myanmar, to use the term “Rohingya” which continues to deny the identity of the group.

“All signs point to what human rights experts and Rohingya themselves already know, which is that the government has no intention of bringing perpetrators of mass rape and other genocidal crimes to justice,” said Akila Radhakrishnan, president of the Global Justice Center. “This Commission is just yet another domestic attempt to deflect responsibility and whitewash the situation of the Rohingya.”

The ICOE was established in June 2018 to investigate allegations of human rights abuses in Rakhine state. The Commission said from the outset it would not seek to hold anyone accountable and it was formed to “respond to false allegations made by UN agencies.” This bias, as well as a lack of transparency around the Commission’s methods, led the United Nations Independent International Fact-finding Mission on Myanmar to conclude last year that the commission “does not constitute an effective independent investigations mechanism.”

“The UN Fact-Finding Mission was right when it said accountability must come from the international community,” said Radhakrishnan. “We must continue to support ongoing efforts seeking true accountability for the crimes against the Rohingya, including The Gambia’s case at the International Court of Justice and the International Criminal Court’s current investigation.” 

Human Rights Watch Blasts China for Rights Violations at Home and Abroad

Excerpt of Inter Press Service article that features GJC President Akila Radhakrishnan.

Meanwhile, Roth also echoed thoughts from experts who have previously said that one of the reasons the Security Council had not been able to take steps against Myanmar is because of pressure from China. 

In November, on the heels of a lawsuit being filed against Myanmar by the Gambia, Akila Radhakrishnan of the Global Justice Center expressed similar concerns to IPS.

“Security council has consistently failed to act because of China — there’s no possibility of any strong action,” Radhakrishnan had said, reiterating why it’s important for states to directly take action against Myanmar.  

In that regard, especially with Roth’s concerns about China “intimidation of other governments” with threatsone issue of concern would be China’s relations with the Gambia, which has grown in the past few years. 

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The Rohingya genocide: A crisis we’ve stopped talking about

Excerpt of The New Daily article that features a GJC tweet.

The Nobel peace prize Laureate, once heralded as a human rights champion, also said the government was working to boost “social cohesion” between the Rohingya people and the rest of the country.

“Mr President, how can there be an ongoing genocide or genocidal intent when these concrete steps are being taken in Rakhine?” she said.

Human rights groups have refuted Ms Suu Kyi’s version of events.

The Global Justice Centre slammed her picture of an internal military conflict with “no genocidal intent” against the Rohingya as “completely false”.

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ICJ Provisional Measures Hearings: Rohingya Right of Reply

December 11 2019 1:15pm CET

The Global Justice Center co-hosted a side event where representatives of the Rohingya community discussed two days of oral arguments at the International Court of Justice in the genocide case against Myanmar.

Speakers included:

  • Razia Sultana, Founder, Rohingya Women Welfare Society
  • Yasmin Ullah, Research Coordinator, Free Rohingya Coalition
  • Tun Khin, President, Burmese Rohingya Organization UK
  • Myra Dahgaypaw, Policy Advocate, US Campaign for Burma
  • Wai Wai Nu, Founder, Women's Peace Network

 

Aung San Suu Kyi Defends Myanmar Military Against Genocide Charges

Excerpt of Bloomberg article that features GJC President Akila Radhakrishnan.

Following the speech, Global Justice Center President Akila Radhakrishnan said in a statement Suu Kyi’s depiction of an internal military conflict “with no genocidal intent against the Rohingya is completely false.”

“Multiple independent agencies and experts, as well as Rohingya themselves, have documented mass killings, widespread rape, and wholesale destruction of land and property intentionally inflicted on innocent civilians,” Radhakrishnan said. “This is genocide and it’s precisely what the Genocide Convention set out to prevent.”

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Nobel Peace Prize winner Aung San Suu Kyi says genocide claims are 'misleading'

Excerpt of CNN article that features GJC President Akila Radhakrishnan.

Following the presentation, the Global Justice Center said the picture Suu Kyi built up of an "internal military conflict with no genocidal intent" was "completely false."

"Multiple independent agencies and experts, as well as Rohingya themselves, have documented mass killings, widespread rape, and wholesale destruction of land and property intentionally inflicted on innocent civilians. The government has discriminated against the Rohingya for decades. This is genocide and it's precisely what the Genocide Convention set out to prevent," Akila Radhakrishnan, Global Justice Center President, said in a statement.

Many in the international community have questioned how a Nobel laureate renowned for fighting for democracy and human rights is now justifying her government's persecution of the Muslim minority.

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Rohingya refugees reject Aung San Suu Kyi's 'lies on genocide'

Excerpt of Al Jazeera article that features GJC President Akila Radhakrishnan.

Critics describe the army's actions by the army as a deliberate campaign of ethnic cleansing and genocide that forced more than 700,000 Rohingya to flee.

“Aung San Suu Kyi’s picture of an internal military conflict with no genocidal intent against the Rohingya is completely false," Akila Radhakrishnan, president of the Global Justice Center in New York, said in a statement to Al Jazeera.

"Multiple independent agencies and experts, as well as Rohingya themselves, have documented mass killings, widespread rape, and wholesale destruction of land and property intentionally inflicted on innocent civilians.

"The government has discriminated against the Rohingya for decades. This is genocide and it’s precisely what the Genocide Convention set out to prevent.”

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Aung San Suu Kyi Delivers Opening Arguments in Genocide Case at World Court

THE HAGUE – Myanmar State Counsellor Aung San Suu Kyi delivered opening arguments today at the International Court of Justice in the genocide case against Myanmar filed by The Gambia. 

Suu Kyi and Myanmar are responding to The Gambia’s request for provisional measures, which would impose immediately binding obligations on Myanmar. For more on these measures,please see our Q&A.

Global Justice Center President Akila Radhakrishnan issued the following statement:

“Aung San Suu Kyi’s picture of an internal military conflict with no genocidal intent against the Rohingya is completely false. Multiple independent agencies and experts, as well as Rohingya themselves, have documented mass killings, widespread rape, and wholesale destruction of land and property intentionally inflicted on innocent civilians. The government has discriminated against the Rohingya for decades. This is genocide and it’s precisely what the Genocide Convention set out to prevent.”

U.N. high court begins 3-day hearing over Rohingya 'genocide' in Myanmar

Excerpt of UPI article that features GJC President Akila Radhakrishnan.

Along with Suu Kyi, several Rohingya members attended the first day, supported by human rights group Legal Action Worldwide. They arrived from a Rohingya refugee camp in Kutupalong, Bangladesh.

Human rights groups say Rohingya were targeted with random killings, sexual violence, arbitrary detention and torture from Myanmar forces and supporters.

"The international community is many years too late on taking action in Myanmar, but this case represents the first hope in decades for the Rohingya and other persecuted ethnic groups in the country," Akila Radhakrishnan, of the Global Justice Center in New York, said before Tuesday's hearing.

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Hearings Begin in Genocide Case Against Myanmar at World Court

THE HAGUE – The International Court of Justice is holding its first hearing today in the case filed by The Gambia against Myanmar for the genocide of the Rohingya. 

The Gambia will deliver arguments on their request for provisional measures, which would impose immediately binding obligations on Myanmar. For more on these measures,please see our Q&A.

Global Justice Center President Akila Radhakrishnan issued the following statement:

"The international community is many years too late on taking action in Myanmar, but this case represents the first hope in decades for the Rohingya and other persecuted ethnic groups in the country. Indiscriminate killings, widespread rape and sexual violence, arbitrary detention, and torture have been everyday reality in Myanmar for far too long. The court has an opportunity with this case to help end it all."

Myanmar State Counselor Aung San Suu Kyi will open Myanmar’s arguments before the court tomorrow. 

Accountability for International Crimes Committed Against Ethnic Minorities in Myanmar: Discussing Complementary Avenues for Justice

December 5 2019 1:15pm CET

At 2019 Assembly of States Parties to the International Criminal Court:
How can potential proceedings at the International Criminal Court (“ICC”), the International Court of Justice (“ICJ”), in third party states under universal jurisdiction and the work of the International Independent Mechanism for Myanmar (“IIMM”) can act in complementarity to bring justice and accountability for Myanmar’s crimes ethnic groups, including the Rohingya?

 

The Story Behind The Gambia’s Lawsuit against Myanmar over the Rohingya Genocide

Excerpt of Inter Press Service article that features GJC President Akila Radhakrishnan.

“No one has been held accountable,” Akila Radhakrishnan, President of Global Justice Center (GJC), told IPS. “It’s the same forces [that] remain in Rakhine state, they remain kind of [as a] part of the military with no punishment. There’s no feeling that there’s safety and security to go back to Myanmar.”

Radhakrishnan pointed out that even though the lawsuit may be “far away” from when the crisis began, the continued fear of Rohingyas to return to their home shows how deeply the crisis persists. 

“I think there’s a recognition of the impossibility of the return of the Rohingya, a solution to the humanitarian crisis,” she said, adding that the lawsuit will push for the Myanmar government to take actions that focus on changing the laws and policies that enabled the genocide. 

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Suu Kyi to lead Myanmar team contesting genocide court case

Excerpt of Associated Press article that features GJC President Akila Radhakrishnan.

Akila Radhakrishnan, president of the New York-based Global Justice Center, said Suu Kyi and Myanmar’s civilian government “failed to act against genocide in Rakhine State with any level of urgency and have taken no steps to hold the military to account.”

“The international community should no longer have illusions where Suu Kyi and the civilian government stand and must act to support The Gambia and take other measures to hold Myanmar accountable,” Radhakrishnan said in a statement.

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Suu Kyi to defend Myanmar against genocide accusation at UN court

Excerpt of Al Jazeera article that features GJC President Akila Radhakrishnan.

The Gambia and Myanmar are signatories to the 1948 Genocide Convention, which not only prohibits states from committing genocide but also compels all signatory states to prevent and punish the crime of genocide.

Akila Radhakrishnan, president of the Global Justice Center, noted that Myanmar's civilian government had failed to act in 2017 and taken no steps to hold the military to account.

"Now, they are going to defend the military and the government's genocidal actions on one of the world's largest and most influential stages," Radhakrishnan said in a statement. 

"The international community should no longer have illusions where Suu Kyi and the civilian government stand and must act to support The Gambia and take other measures to hold Myanmar accountable."

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There can be no real accountability in Myanmar if women remain on the sidelines

Excerpt ofWomen's Media Center op-ed co-authored by GJC Senior Burma Researcher Phyu Phyu Sann.

Myanmar presents one of the world’s most difficult challenges to combating impunity, assisting victims, and reforming the institutions responsible for committing sexual violence and other crimes in conflicts. For years, women in Myanmar have called on the international community to intervene to put meaningful pressure on their human rights abusers. They are demanding an end to military control in the country and accountability for perpetrators of sexual violence and other egregious crimes against women.

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Urgency is Key for Rohingya Repatriation

Rohingya refugee women hold placards as they take part in a protest at the Kutupalong refugee camp to mark the one-year anniversary of their exodus in Cox's Bazar, Bangladesh
Maggie Moore/USAID

By Nishan Kafle

Although the Rohingya of Burma have been subject to unrelenting government persecution for decades, it took an unprecedented form in 2017 when an estimated 530,000 Rohingya were violently driven from their home in Rakhine State in a military campaign that UN experts have called a genocide.

South Asia is no stranger to forced migration. Between 1991 and 1993, more than 100,000 Nepali speaking Bhutanese—commonly known as Lhotshampas—were forced out of Bhutan into Eastern Nepal. This was the result of the “One Nation, One People” policy, adopted in the 1980s, which aimed to shield the majority “Druk” Bhutanese identity from any Nepali influences. As a result, a mass exodus ensued with thousands of Bhutanese forced out of their homes into Eastern Nepal. Nepal, already a poor country under a strict monarchy, was ill-equipped to deal with such a great influx of refugees. And so, the Bhutanese were forced to live in squalid conditions under constant discrimination from people with whom they ostensibly shared a language and tradition.

Gender Inequality and Sexual Violence in Myanmar: Part of the Problem is Preventing a Cure

Excerpt ofMizzima op-ed by GJC Senior Burma Researcher Phyu Phyu Sann & GJC Special Counsel Michelle Onello.

When it comes to protecting women from violence in Myanmar, what little difference a year makes. Last year during the annual 16 Days of Activism against Gender-Based Violence, the Government pledged to submit a Prevention of and Protection from Violence Against Women (PoVAW) Law to Parliament in early 2019 and give “priority and focus” to protecting women and children from violence.  As we approach another 16 Days of Activism, the PoVAW law, in the drafting stage since 2013, has not yet been submitted to Parliament, making clear that protecting women from violence is far from a priority or focus for the current Government.

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