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Global Justice Center Blog

Statement on the Creation of the IIIM for Myanmar

The Global Justice Center applauds the Human Rights Council for acting where others have not in creating an International Impartial and Independent Mechanism (IIIM) for Myanmar. This is an important step towards addressing the total impunity for the decades of crimes committed by the military.

While it is imperative to collect evidence, without a court where such evidence can be analyzed and prosecuted, justice and accountability for these crimes cannot be delivered. As such, the creation of the Mechanism without the establishment of an avenue for justice is insufficient. The Security Council should still refer the situation to the International Criminal Court so that the Court has jurisdiction over all crimes committed in the course of these attacks. Structural barriers to accountability in Burma, including those enshrined in the Constitution, must also be addressed.

The Mechanism also must ensure that gender is at the center of the investigation, and that the Mechanism has sufficient gender expertise. “Burmese Security Forces have long used rape as a weapon of war against ethnic minorities,” says Global Justice Center President Akila Radhakrishnan. “The attacks on the Rohingya were gendered in their conception, commission, and consequences. Women were specifically targeted for crimes against humanity and genocide, and they must not be left behind in these accountability efforts.”

September News Update: Gender and the Rohingya Genocide

Last week, we released the first comprehensive legal analysis of the gender-based crimes committed against Rohingya women and girls in Rakhine State. Days later, ICC Chief Prosecutor Fatou Bensouda announced the launch of a preliminary investigation into the deportation of hundreds of thousands of Rohingya into Bangladesh.

The UN Human Rights Council and General Assembly are both considering the establishment of a mechanism to collect and document evidence of crimes against the Rohingya. As the gears of justice begin to turn, we're working to ensure that a gendered analysis and a focus on justice for gender-based crimes are embedded in every conversation.

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Statement on the ICC Ruling in Burma

FOR IMMEDIATE RELEASE - September 6, 2018

[New York] – The Global Justice Center applauds the International Criminal Court (ICC) Pre-Trial Chamber I for recognizing the Court’s jurisdiction over crimes committed by Burma’s security forces that were continued into Bangladesh—including the crimes against humanity of deportation, persecution and other inhumane acts. The ICC’s decision provides the opportunity to see real accountability for the crimes committed against the Rohingya.

Since the commencement of “clearance operations” by Burma’s security forces last August, over 700,000 Rohingya have been forcibly displaced to Bangladesh. The ICC’s ruling potentially opens the door to other ongoing crimes, elements of which have occurred in Bangladesh or as a result of their displacement to Bangladesh. Forcible displacement has been found by international courts to not only be a crime against humanity itself, but also a constitutive element of genocidal acts.

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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.

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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.