Letter to The Honourable Fatou Bensouda, Chief Prosecutor, "Re: Preliminary Examination into the Situation of the Rohingya in Myanmar"

Dear Prosecutor Bensouda,

The Global Justice Center writes to congratulate the Office of the Prosecutor (OTP) on the decision to open a preliminary examination into the deportation of the Rohingya from Myanmar to Bangladesh. Since impunity has long been the rule and not the exception in Myanmar, this examination offers a glimmer of hope that those who have long been oppressed by Myanmar’s military will see some measure of justice. We write to the OTP today with respect to three key issues related to this preliminary examination: (1) to emphasize the need to place the gendered experiences of these crimes at the center of the examination; (2) to urge the OTP to take a broad view to the crimes over which the International Criminal Court (ICC) has jurisdiction; and (3) to provide information with respect to any analysis of positive complementarity.

On the first point, we were pleased to attend a recent event with you at the UNGA in New York “Prosecuting Sexual and Gender-based Crimes at the International Criminal Court.” We applaud the OTP’s commitment to applying a gender analysis in all areas of its work, which has been reinforced by its strong policy on sexual and gender-based crimes. We agree that consideration of the complete nature of the crimes is necessary in order to ensure effective investigations and prosecutions. We urge that this be made a priority in the preliminary examination at hand.

Statement on Nobel Peace Prize Award to Nadia Murad and Dr. Denis Mukwege

FOR IMMEDIATE RELEASE – October 5, 2018

The Global Justice Center commends the Nobel Committee’s decision to award Nadia Murad and Dr. Denis Mukwege with the 2018 Nobel Peace Prize, honoring their work to end rape and sexual violence as a weapon of war. Ms. Murad and Dr. Mukwege have each displayed remarkable bravery and determination, risking their safety and wellbeing in the struggle to end to sexual violence in conflict. This award shines an international spotlight on this widespread and horrific tactic that continues to be used to destroy communities both physically and emotionally, breaking apart the social fabric of society. 

Despite the widespread use of rape as a weapon, no state has ever been held accountable for the use of rape as a prohibited tactic of war. To date, there have been no successful convictions for sexual violence at the International Criminal Court (after the acquittal of Jean-Pierre Bemba this June), despite the prevalence of sexual violence in many of the cases under the Court’s jurisdiction. As the perpetrators of crimes against the Yazidis and the Rohingya face justice, they must be held accountable for their horrendous acts of sexual violence, rape, and other gender-based crimes. This year’s Nobel Prize recognized the importance of addressing sexual violence in conflict. The next step is to ensure justice.

For more information contact:
Liz Olson, Communications Manager at Global Justice Center, This email address is being protected from spambots. You need JavaScript enabled to view it. (212) 725-6530 ext. 217

Gender Crimes Require Gender Justice for Burma's Rohingya

Rohingya women and girls have suffered targeted atrocities at the hands of Burma’s security forces. Amounting to crimes against humanity and genocide, these attacks were gendered in their conception, commission, and consequences. Accordingly, gender must be central to any and all efforts aimed at justice and accountability for the crimes committed against the Rohingya.

For an in-depth analysis of the sexual and gender-based crimes perpetrated by Burma’s security forces against Rohingya women and girls, see the Global Justice Center’s (GJC) legal brief: Discrimination to Destruction: A Legal Analysis of the Gender Crimes Against the Rohingya.

Groundbreaking Legal Analysis of Gender-Based Crimes in Rakhine State

FOR IMMEDIATE RELEASE – September 17, 2018

[New York] – The Global Justice Center (GJC) released a report today providing the first comprehensive legal analysis of the gender-based crimes committed against Rohingya women and girls in Rakhine State, amounting to crimes against humanity and genocide. 

Too often, the female victims of atrocity crimes are overlooked, their experiences lost in a narrative of violence centered around mass killings. This report highlights the central role that gender played in the design and commission of the atrocities carried out against the Rohingya. The Burmese military has a long history of using rape as a weapon against ethnic minorities, and the assault on the Rohingya was no exception—women and girls were systematically singled out for brutal rape and sexual violence. As one survivor testified, “I was lucky I was only raped by three men.” Accountability proceedings—whether at the domestic or international level—must take into account these gendered experiences.

Discrimination to Destruction: A Legal Analysis of Gender Crimes Against the Rohingya

Since August 2016, the Burmese military (Tatmadaw), Border Guard, and police forces have conducted a systematic campaign of brutal violence against Rohingya Muslims in Burma’s northern Rakhine State. These attacks come in the midst of a decades-long campaign of persecution of the Rohingya through discriminatory measures to police and control the group, including denying citizenship rights, restricting movement and access to healthcare, and limiting marriage and the number of children in families. While all members of the Rohingya population were targeted for violence, gender was integral to how the atrocities were perpetrated.

This brief seeks to bring to light the international crimes—crimes against humanity and genocide—committed against Rohingya women and girls since 2016 by Burmese Security Forces and highlight the role gender played in the design and commission of these atrocities. The military has long used rape as a weapon of war and oppression in its conflicts with ethnic groups, and in the recent attacks, Rohingya women and girls were targeted for particularly brutal manners of killing, rape and sexual violence, and torture. 

The Akayesu Judgment at 20: looking back, pushing forward

On the 20th anniversary of the Akayesu judgement, Akila Radhakrishnan and Sareta Ashraph reflect on the landmark judgement.

As the push for accountability for the Yazidi and Rohingya genocides continues, it is essential that prosecutors and activists alike ensure that acts of genocide, beyond the act of killing, are fully investigated, properly indicted, and raised at trial. As women and girls are more likely to survive genocide, any ensuing trials rely heavily on what they have seen, heard, and suffered. A conception of genocide that relies on them bearing witness to killings (usually but not solely of male members of the group), and which turns away from all non-lethal acts of genocide (usually but not solely visited on female members of the group) is a harm to the survivors, the group, the historical record, and to our understanding of the crime of genocide.

When genocide is recognized only its most murderous articulations and gendered genocidal crimes such as rape, torture, forced pregnancy, and enslavement are ignored, States and international organizations lose much of their power to uphold the legal obligations to prevent and punish genocide. When the gendered crimes of genocide are excluded from prosecutions, the living survivors of genocide are denied justice and history yet again erases the experiences of women and girls.

Read the Full Article 

Statement on the Report of the United Nations Fact-Finding Mission on Myanmar

FOR IMMEDIATE RELEASE - August 27, 2018

[New York]– The Global Justice Center (GJC) welcomes the United Nations Fact-Finding Mission on Myanmar’s report on the crimes against minority groups, including the crime of genocide against the Rohingya committed by Myanmar’s security forces. In particular, GJC commends the Fact-Finding Mission for highlighting the military’s use of sexual violence as a tactic against all minority groups and recognizing the structural barriers to accountability in Myanmar.

For decades, the Myanmar army has targeted ethnic minority groups with impunity—burning villages, killing indiscriminately, and raping and sexually assaulting women and girls. These systematic and brutal attacks against civilians have been used to intimidate and terrorize local populations. Years of impunity for these atrocities have emboldened the military to escalate their policies of violence and repression, creating an opening for the genocidal campaign against the Rohingya.

Myanmar’s civilian government has neither the will nor the demonstrated capacity to end these horrific crimes and hold those responsible accountable. It is essential that the international community act expeditiously to address the situation in Myanmar, including the ongoing genocide of the Rohingya, and take action in line with the obligations to prevent, suppress and punish genocide.

The Devastating Consequences of Inadequate Medical Care Within ICE Detention

By Katya Kolluri

While Attorney General Jeff Sessions publicly introduced the “zero tolerance” immigration policy in May that caused children to be separated from their families, another Department of Homeland Security policy was quietly instituted five months earlier. In December, Trump signed off on a new directivewhich allows the detention of pregnant women, except those in their third trimester of pregnancy.

One of the directive’s listed responsibilities is: “Ensuring pregnant detainees receive appropriate medical care including effectuating transfers to facilities that are able to provide  appropriate medical treatment”.

However, numerous pregnant detainees claimed this directive was not being followed. A recent journalistic investigation by BuzzFeedrevealed that pregnant women held in Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) custody under the Trump Administration were abused and denied medical care during their first few weeks of detention, with almost all of them miscarrying while still in custody. In addition, pregnant women were shackled tightly around the stomach when being transported between facilities, and were physically and psychologically abused while in detention. Five women who were pregnant while in ICE and CBP custody described jailers being unresponsive to their medical emergencies including while they were clearly miscarrying, and physical abuse from CBP officers who knew that they were pregnant. In the report, one woman claimed she had been pushed onto the floor by officers even after her telling them that she was pregnant. The officers were quoted as having said that they did not believe the woman, and that it was not their problem.

The Rwandan Genocide: Rape and HIV Used as Weapons of War

By Katya Kolluri

The Rwandan Genocide, a horrific event in human history, is once again making its way into current news due to Jina Moore’s recent article in The New Yorker. Moore’s piece explores how those responsible for the Rwandan mass slaughter (termed genocidaires), may be freed years before their sentence ends. One of them is Théoneste Bagosora, widely regarded as the mastermind of the genocide. Survivors and family members of victims are protesting the decision of early release, stating that this practice of the court is, “a new form of impunity.” Critics are challenging this aspect of the parole system, particularly due to the fact that the convictions of these genocidaires is considered a landmark ruling in international justice. Twenty percent of the convicts of Rwanda’s International Criminal Tribunal have been released early. Allowing these perpetrators of genocide to be paroled is an injudicious decision, especially when considering the brutal pain and suffering this campaign of violence has caused.

International Day for the Elimination of Sexual Violence in Conflict: Reminders of the Rohingya

By Katya Kolluri

Tuesday, June 19, was the International Day for the Elimination of Sexual Violence in Conflict, proclaimed by the UN in order to raise awareness of various forms of sexual violence perpetrated against women, men, girls and boys, that is either directly or indirectly linked to a conflict.

The effects of conflict-related sexual violence, including poverty, poor health, unwanted pregnancy, and extreme trauma, can endure across generations. The alternative for women who have been impregnated in conflict is abortion – with unsafe abortion the leading cause of maternal mortality in settings affected by war conflict.

Rebuilding Iraq Should Include Mental Health Care for Yazidi Survivors

By Maftuna Saidova

The Yazidi community are an ethnic minority formerly located in northern Iraq. They are one of the groups who suffered under the brutal and inhumane control of ISIS. When ISIS captured Sinjar, they abducted thousands of Yazidi women and sold them into slavery within the lucrative sex trade created among ISIS fighters. Human rights activists and lawyers have demanded ISIS be held accountable for employing Sexual Gender Based Violence (SGBV) as a weapon of war. According to OHCHR, SGVB can include “any harmful act directed against individuals or groups of individuals on the basis of their gender,” including rape, sexual abuse, forced pregnancy, forced sterilization, forced abortion, forced prostitution, and sexual enslavement.  Although many Yazidi survivors are now free and Iraq has regained territorial control, adequate mental health treatment should be the priority of the Iraqi government as the treatment of the survivors is crucial for Iraq’s gradual rebuilding process.

Global Justice Center Report Quoted in Myanmar Times

The Global Justice Center's joint report with Gender Equality Network (GEN),  “Facing Barriers to Gender Equality in Myanmar”, was quoted in a Myanmar Times article, "Culture to blame for violence against women: Yangon official". 

The Myanmar Times notes that, 

According to a 2016 report titled “Facing Barriers to Gender Equality in Myanmar” by the Global Justice Center and Gender Equality Network, out of all ASEAN countries, only two lack laws against domestic violence - Myanmar is one of them. It also has no laws against physical or sexual abuse of women or to protect victims from attackers.

Submission to the UN Human Rights Council for US UPR

GJC sends a mid-term report submission for the Universal Periodic Review of the United States of America. The report examines the restrictions that the US puts on foriegn aid regarding the provision of abortion services and the ways those restrictions violate international law.

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Weekly News Roundup

By Julia d'Amours

On Thursday, US Education Secretary Betsy DeVos claimed the Department of Education would reform how universities handle accusations of sexual assault. Though DeVos did not say what specific changes would be made, she remarked that universities are “ill-served by a quasi-judicial process.” DeVos’s statement focused on the rights of the accused, whom she claimed are mistreated under current systems. Critics from the Right claim DeVos’s proposal grants disproportionate weight to the testimonies of victims, while voices from the Left say it undermines essential changes made during the Obama Administration. 

On Sunday, federal prosecutors in Brazil opened an investigation of ten murdered indigenous tribe members. The altercation arose when the members of the previously uncontacted tribe encountered Brazilian gold miners along a river near the Colombian border. This is the second reported killing of uncontacted indigenous peoples this year. Survival International, an indigenous rights organization, claimed that given the diminished populations of uncontacted tribes, a single armed conflict could carry serious repercussions for the survival of the ethnic group.

On Monday, California Attorney General Xavier Becerra announced that California will file a law suit against the Trump Administration over the repeal of DACA. This comes after a coalition of 15 states announced joint legal action against the proposed repeal. California is estimated to be home to more than one in every four DACA recipients. 

On Tuesday, the New York Times reported on the bleak living conditions of the hundreds of thousands of Rohingya living in Pakistan. Residents of the Rohingya-populated Arkanabad slum report police brutality, malnutrition, and lack of work and education opportunities. Rohingya in Pakistan wish to see the country taking a more firm stance against military persecution in Burma, as it holds the highest concentration of Rohingya outside of their native lands. 

On Wednesday, it was announced that Burma’s defacto leader Aung San Suu Kyi will be skipping the UN General Debate, which is scheduled to begin on September 19th. Burma has been under heavy criticism for its treatment of the Rohingya, and the UN has accused it of ethnic cleansing. Spokespeople for Ms. Suu Kyi claimed that she “has more pressing matters to deal with” and she will “speak for national reconciliation and peace” on national television instead.

Photo by Htoo Tay Zar

Women and Girls Deserve Equal Protection for Medical Services Under IHL

FOR IMMEDIATE RELEASE — May 15, 2017

[NEW YORK, NY] -  Today, the UN Security Council holds its Open Debate on Conflict-Related Sexual Violence under Uruguay’s presidency. In the concept note, Uruguay reflected on the findings of the new UN Secretary-General’s report on how rape is used as a weapon of terrorism and genocide. They cited the example of the crimes Daesh is committing against ethnic minorities such as the Yazidi in North Iraq and Syria, including using rape as a non-killing crime of genocide. Yet, to date, no trial has been held to prosecute perpetrators of this ongoing genocide.

OMCT & GJC Report to CAT: Sri Lankan laws condone torture of women and girls

FOR IMMEDIATE RELEASE—November 14, 2016

[NEW YORK and GEVENA (OMCT-GJC)] — Tomorrow, the Committee Against Torture (CAT), during its 59th session, will examine Sri Lanka’s fifth State party report. In October, the Global Justice Center (GJC) and the World Organisation Against Torture (OMCT) jointly submitted an alternative report focused on how Sri Lankan law violates the Convention Against Torture by banning abortion in most circumstances, and by authorizing rape in certain instances and child marriage.