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GJC in the News

The UN Leader Is Sworn In (Again); Myanmar’s Downhill Slide; the US Envoy’s Rising Star

Excerpt of Pass Blue that quotes GJC Legal Director Grant Shubin.

The UN General Assembly passed its first resolution addressing the Feb. 1, 2021 coup in Myanmar, with 119 in favor, 1 against (Belarus) and 36 abstentions. This resolution was voted on the same day the Security Council held a closed meeting on the country’s situation, revealing little about what occurred in the session and still not producing a resolution on the matter.

Grant Shubin, legal director of the Global Justice Center, said, in part, “The bright sides of the General Assembly’s resolution, including the call on all nations to prevent arms flows into Myanmar, are in stark contrast to the Security Council’s failure to take decisive action.”

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How US Abortion Politics Distorts Women’s Lives in Conflict Zones

Excerpt of New York Review of Books that quotes GJC President Akila Radhakrishnan.

According to Akila Radhakrishnan, a human rights lawyer and president of the Global Justice Center, international humanitarian law supersedes national abortion laws: doctors in humanitarian settings have an obligation to provide care regardless. This is analogous, she argued, to the doctor’s duty to provide care to any person injured in a conflict even if the laws of country they are working in forbid the provision of care to people affiliated with so-designated terrorist organizations. The International Committee of the Red Cross also has guidelines that tell aid workers that in emergencies, international humanitarian law takes precedence over domestic rules.

“It’s unclear why [abortion would be different],” said Radhakrishnan. “We seem reluctant to make these connections when it comes to women’s bodies…. the denial of abortion, certainly to rape victims, has also been found to be torture. But you don’t see that same kind of outcry from a broad constituency when abortion services are denied.”

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Beyond the Coup in Myanmar: A Crisis Born from Impunity

Excerpt of Just Security op-ed authored by GJC President Akila Radhakrishnan and GJC Legal Director Grant Shubin.

In his first speech since illegally attempting a coup d’etat, Commander-in-Chief Min Aung Hlaing told the people of Myanmar that, “no one is above the law.” He went on, “no one or no organization is above the national interest in state-building and nation-building.” But in reality, Min Aung Hlaing and indeed all of the military (Tatmadaw) are very much above the law in Myanmar.

Of the coup’s many potential causes, perhaps the most overt is that military leadership thought they could get away with it. The military’s constitutional insulation from civilian oversight and control, the failure thus far to hold them accountable for human rights abuses and international crimes, and even periodic cheerleading from the international community for a “democratic transition” emboldened the military into thinking that subverting the will of the people could be done without major consequence. To quote the Office of the High Commissioner of Human Rights, “This crisis was born of impunity.”

After all, the military has been getting away with genocide, war crimes, and crimes against humanity, so why not a coup?

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Reversing the Coup is No Solution for Myanmar

Excerpt of The Diplomat op-ed authored by GJC President Akila Radhakrishnan and GJC Special Counsel Michelle Onello.

Almost as soon as news spread of the Myanmar military’s brazen coup on February 1, we began hearing calls for a “reversal” of the coup. Now, the international community’s efforts have focused on restoring the pre-coup status quo, as evidenced by the recent (and failed) ASEAN emergency summit.

These proposals and initiatives ignore the persistent demands from protestors and ethnic groups for a radical and fundamental shift in Myanmar. Perhaps most importantly, they fail to acknowledge that the rapidly deteriorating situation in Myanmar cannot be resolved with a return to the precarious pre-coup balance of power because it’s precisely this unsustainable framework that led to the coup in the first place.

Without a recognition of the need for a complete restructuring of the underlying political and legal system so that it grants ethnic groups a meaningful role and assures justice for the military’s past and present crimes, history will keep repeating itself and the people of Myanmar will continue to suffer.

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UN calls for restoration of democracy in Myanmar, end to violence

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

Civil society groups said the Security Council needs to agree on a more robust response.

“The military has already reneged on the flawed ‘consensus’ it reached with ASEAN leaders, so it’s critical the international community not treat last weekend’s outcome as a legitimate path forward for Myanmar,” Akila Radhakrishnan, president of the Global Justice Center, said in a statement ahead of the closed-door briefing.

“The Security Council must keep its focus on the solutions long demanded by Myanmar’s people, in particular women-led civil society groups, including a global arms embargo, targeted sanctions, and a referral to the International Criminal Court. It’s unconscionable that the Council has yet to act and they cannot deflect their responsibility to do so because others, like ASEAN, have ‘acted’.”

The military, which ruled Myanmar for almost 50 years, until it began tentative moves towards democracy a decade ago, has acknowledged that some protesters have been killed but accused them of initiating the violence.

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