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Argentine Prosecutor Seeks Arrest Warrants For Rohingya Genocide

Genocide
Latin America
Myanmar
Rohingya
Prosecutors in Argentina are seeking new arrest warrants as part of the universal jurisdiction case considering genocide of the Rohingya. The warrant applications include senior military and civilian leaders. Michelle Onello, senior legal advisor for the Global Justice Center, issued the following statement: "The Argentine prosecutor’s petition for twenty-five warrants for atrocities committed in Myanmar is an encouraging step to finally hold the military accountable for the brutal crimes perpetrated against the Rohingya. As the military junta steps up its attacks, especially in Rakhine state, greater international efforts should be made to support the Myanmar people’s fight for democracy and eliminate the impunity that the military has long-enjoyed for its heinous human rights abuses."
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Global Justice Center Marks Sixth Anniversary of Rohingya Genocide

Asia
Genocide
Myanmar
Rohingya
Sexual Violence
NEW YORK — The Global Justice today joins its Rohingya partners as well as human rights activists around the world in commemorating the sixth anniversary of the Rohingya genocide. Akila Radhakrishnan, president of the Global Justice Center, issued the following statement: “The sobering reality on today’s anniversary is that the Rohingya are in a condition no less dire than the one they fled six years ago. Nearly a million are barely surviving in refugee camps with no ability to safely return home. A similar number remain in Myanmar, enduring massive rights restrictions and insecurity under the same authority responsible for their genocide. “This is an accelerating human rights catastrophe, and the international community must reckon with its responsibility for it. Impunity is the foundation upon which genocidal military leaders staged their coup in 2021, and it continues to serve as fuel for its brutal campaigns of persecution. Through its failure to take meaningful action, bodies like the UN Security Council have condoned and sustained this impunity. “Our international institutions helped to foment this crisis — they can help end it too. Existing sanctions and international court cases are critical steps, but it’s nowhere near enough. The world must listen to Rohingya, who have been clear about what they need from the beginning: accountability for perpetrators, an end to discriminatory policies against them and a pathway to a  safe, dignified return to Myanmar. They deserve no less.”
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The Global Justice Center Marks Two Years Since the Military Coup in Myanmar

Asia
Myanmar
NEW YORK — The Global Justice Center today joins human rights organizations around the world by standing in solidarity with the people of Myanmar on the second anniversary of a coup carried out by the country’s military. Since the military junta assumed power on February 1, 2021, it has executed a campaign of violence and persecution across the country to silence opposition and subjugate the population. Reports of the most serious international crimes, including political executions, arbitrary detention, and sexual violence, have become routine. Despite an international response that has included bi-lateral sanctions and condemnation, the military junta shows no signs of relinquishing power. Akila Radhakrishnan, president of the Global Justice Center, issued the following statement: “We stand in solidarity today with everyone struggling to survive in a Myanmar riven by military violence and domination. As we mark the anniversary of the junta’s brazen seizure of power, it’s critical we reflect on the international community’s myriad failures in response to a crisis that remains as urgent today as it was two years ago. “Local women’s rights activists that have spent decades fighting for human rights in Myanmar tell us that they are exhausted. The cycle of relentless military violence and subsequent international inaction has left them increasingly doubtful that the world will live up to its legal and moral duty to act. Meanwhile, the military, emboldened by the international community’s failures, is preparing to solidify their rule with a charade they are calling an election. “Despite this dire state of affairs, it is never too late for the international community to learn from its mistakes. The UN Security Council could follow its recent and first-ever resolution on Myanmar with a comprehensive and ongoing plan of action that includes measures like a global arms embargo and a referral to the International Criminal Court. Donors could scale up cross-border humanitarian assistance. It’s time we all make the prevention of a third year of military rule a global priority.”
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New Filing in Argentinian Genocide Case Against Myanmar Military Presents Recommendations for Treatment of Sexual Violence Victims

Genocide
Latin America
Myanmar
Rohingya
Sexual Violence
BUENOS AIRES/NEW YORK — The Global Justice Center and the Burmese Rohingya Organisation UK (BROUK) today submitted recommendations to the Argentinian judiciary in a case brought against Myanmar military leaders for the genocide of the Rohingya. The case was filed by BROUK and launched by the Second Chamber of the Federal Criminal Court in 2021 under the principle of universal jurisdiction, which allows any court to prosecute certain human rights abuses, regardless of where they were committed. Today’s submission seeks to prepare the court for testimony from victims of sexual violence. It presents internationally-recognized principles for interviewing and engaging with victims. The submission also sets out standards for how the court should asses evidence of sexual violence. Tun Khin, BROUK President, issued the following statement: “More than five years after the genocide of the Rohingya, this case represents a crucial path to justice for crimes committed in Myanmar, particularly for victims of sexual violence. The Argentinian courts have an opportunity to be on the right side of history and provide justice that, until now, has seemed illusive.” Angela Mudukuti, Senior Legal Advisor with the Global Justice Center, issued the following statement: “Supporting victims of sexual violence, and our partners BROUK in their quest for justice, is of the utmost importance to the Global Justice Center. We submitted these recommendations because, historically, courts all over the world have failed to engage with victims and survivors of sexual violence in a way that avoids retraumatization and gives their testimony the weight it deserves. We remain hopeful that our submission will support the Argentinian judiciary in treating survivors and victims with dignity.”
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UN Security Council Passes First-Ever Resolution on Myanmar

Myanmar
Rohingya
UN Security Council
NEW YORK  — The United Nations Security Council today passed a resolution urging an end to the crisis in Myanmar. Despite decades of human rights abuses by the military, including the 2017 genocide of the Rohingya and the 2021 military coup, today’s resolution is the first the Security Council has passed on the situation in Myanmar. Passed without opposition and three abstentions, the resolution “expressed deep concern” at the ongoing state of emergency imposed by the military and its impact on civilians. It stressed the need for humanitarian access to the country and the release of political prisoners. The resolution also set a timeframe for future Security Council attention, requesting a report from the UN Secretary General or the Secretary General’s Special Envoy on Myanmar by March 15, 2023.  Akila Radhakrishnan, president of the Global Justice Center, issued the following statement: “Today’s resolution is long overdue, but it’s still a critical step forward for a Security Council whose silence on Myanmar had long supported global inaction and continued a cycle of impunity in the face of staggering human rights abuses. We know the Security Council has a legal and moral responsibility to respond to the crisis in Myanmar. And this resolution offers some reassurance that Council members understand this fact. “However, we can’t deny that Council members missed an opportunity for more robust action. Most important was their failure to create a mechanism for regular reporting on the situation in Myanmar. This is a crisis that is continuously evolving and deepening. So it is urgent that Council members treat this resolution as a first step by developing a comprehensive and ongoing plan of action.”
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International Court of Justice Rejects Procedural Objections From Myanmar in Genocide Case

Genocide
International Court of Justice
Myanmar
Rohingya
NEW YORK — The International Court of Justice today issued a ruling that rejected “preliminary objections” raised by Myanmar in its genocide case. The case brought by The Gambia to hold Myanmar accountable for its 2017 genocide of the Rohingya will now move on to the merits phase. Preliminary objections are typically filed to raise procedural issues. Among other things, Myanmar objected to the court’s jurisdiction as well as The Gambia’s standing to bring the case. For more on preliminary measures, see this recent Q&A on the case. Akila Radhakrishnan, president of the Global Justice Center, issued the following statement: “Since its genocide of the Rohingya nearly five years ago, Myanmar’s military junta has done whatever it can to avoid or delay international accountability for its crimes. The court’s ruling today rejects Myanmar’s latest delay tactic, advancing this critical vehicle for justice. “This court has rejected the military junta at every turn. In its hearings and order on provisional measures, the court already considered and rejected many of these procedural objections from Myanmar. In issuing provisional measures, the court also found that serious risks of genocide still existed for the Rohingya and ordered Myanmar to take steps to prevent genocide. The fact is, Myanmar violated the Genocide Convention and it can’t avoid accountability any longer. “Since it seized power in a coup last February, the military junta’s violence and criminality has only deepened. Though we’ve seen strong condemnation and some bare accountability measures from the international community, the people of Myanmar continue to suffer under this brutal regime. And though this case is just one of many roads toward justice, its resolution would be a major step towards justice and a sustainable, democratic Myanmar.”
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United States to Designate Crimes Against Rohingya as Genocide

Myanmar
Rohingya
United States
NEW YORK — Reports surfaced today that the United States will formally determine that atrocities committed against the Rohingya minority by Myanmar’s military in northern Rakhine State amount to genocide and crimes against humanity. The Biden administration will officially announce the designation tomorrow. Akila Radhakrishnan, President of the Global Justice Center, issued the following statement: “This is a welcome, yet long overdue step from the Biden administration. Recognizing the crimes against Rohingya for what they are — a genocide — is necessary if the world hopes to marshal a swift and appropriate response. So it’s absolutely crucial that this designation is followed by a renewed campaign of action from the United States to hold the military accountable. The same military who committed genocide against the Rohingya are those who are illegally in power as a result of a military coup — the cycle of impunity must be broken. “Powerful measures the US could take include pushing the UN Security Council to refer the crisis to the International Criminal Court, taking the lead in demanding a global arms embargo, and securing humanitarian access to vulnerable populations in the country. “Any such renewed effort from the US should also explicitly recognize the gendered nature of this genocide. The military’s systemic use of sexual and other gendered violence is critical to understanding both the Rohingya genocide and its ongoing post-coup crimes.”
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Q&A: Rohingya Genocide Case Steps Toward Justice

International Court of Justice
Myanmar
Rohingya
International Court of Justice (ICJ) hearings beginning February 21, 2022 underline the critical importance of bringing justice for the Myanmar military’s abuses against ethnic Rohingya, Human Rights Watch and the Global Justice Center said today. The groups released a question-and-answer document outlining recent developments in the case, including the impact of the February 1, 2021 military coup in Myanmar, on the ICJ proceedings. The hearings at the court from February 21 to 28 are for the case brought by Gambia against Myanmar alleging that the military’s atrocities in Rakhine State against Rohingya Muslims violate the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). “The International Court of Justice hearings are the next step in the landmark case to break the cycle of violence and impunity in Myanmar,” said Nushin Sarkarati, associate international justice director at Human Rights Watch. “The case could build a pathway to justice, not only for the Rohingya, but for everyone in the country.” In November 2019, Gambia filed a case before the ICJ alleging that Myanmar’s atrocities against the Rohingya in Rakhine State violate various provisions of the Genocide Convention. The case before the ICJ is not a criminal case against individual alleged perpetrators, but a legal determination of state responsibility for genocide. The ICJ held hearings in December 2019, on Gambia’s request, for provisional measures to protect the Rohingya remaining in Myanmar from genocide, which the court unanimously adopted in January 2020. The new hearings will cover Myanmar’s preliminary objections to the case, which challenge the court’s jurisdiction and Gambia’s legal standing to file the case. The court’s provisional measures require Myanmar to prevent all genocidal acts against the Rohingya, to ensure that security forces do not commit acts of genocide, and to take steps to preserve evidence related to the case. Myanmar is legally bound to comply with this order. However, Human Rights Watch and others have documented ongoing grave abuses against the 600,000 Rohingya remaining in Myanmar, contravening the provisional measures ordered by the court. Since the February 2021 coup, junta security forces have carried out mass killings, torture, sexual violence, arbitrary arrests, and other abuses that Human Rights Watch believes amount to crimes against humanity. Security forces have killed over 1,500 people since the coup, including at least 100 children, and arbitrarily detained over 11,000 activists, politicians, journalists, and others. Rohingya have also faced even greater movement restrictions and harsher punishments for attempting to leave Rakhine State, which amount to the crimes against humanity of persecution, apartheid, and severe deprivation of liberty. In 2019, Myanmar’s government appointed State Counsellor Aung San Suu Kyi to lead its delegation to the ICJ. During the 2021 coup, the military arrested Aung San Suu Kyi and a junta-controlled court sentenced her to six years in prison. She still faces over 150 years in prison combined on various additional fabricated charges. On June 24, 2021, the junta announced that it appointed a panel of eight senior junta officials to represent Myanmar’s delegation before the court. During the February hearings, representatives of Myanmar and Gambia will present arguments as to whether the ICJ has jurisdiction to examine the genocide claims against Myanmar. The hearings will take place in a hybrid format, including both in-person and virtual participants. Live streaming of the hearings will be available in English and French on the court’s website and on UN Web TV. While the ICJ case focuses exclusively on alleged crimes against the Rohingya, the military has committed brutal abuses across Myanmar. In the wake of the coup, ethnic groups have sought greater solidarity in the pursuit of justice, as the military’s atrocities against the Rohingya have been echoed in attacks on civilians around the country. The ICJ case could set the stage to scrutinize the Myanmar military’s longstanding international crimes more widely, Human Rights Watch and the Global Justice Center said. “As the Myanmar military continues to commit atrocities against anti-coup protesters and ethnic minorities, it should be put on notice there will be consequences for these actions – past, present, and future,” said Akila Radhakrishnan, president of the Global Justice Center. “The ICJ’s proceedings are laying the groundwork for accountability in Myanmar – not only for the Rohingya, but for all others who have suffered at the hands of the military.” For a question-and-answer document on recent developments on Gambia’s Case Against Myanmar at the International Court of Justice, please visit: https://www.hrw.org/news/2022/02/14/developments-gambias-case-against-myanmar-international-court-justice For more Human Rights Watch reporting on international justice, please visit: https://www.hrw.org/topic/international-justice For more Human Rights Watch reporting on Myanmar, please visit: https://www.hrw.org/asia/myanmar-burma For more on the Global Justice Center’s work on Myanmar, please visit: https://globaljusticecenter.net/our-work/demanding-justice-for-sexual-and-gender-based-violence/mass-atrocity-crimes
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New Hearings Announced in Genocide Case Against Myanmar at World Court

International Court of Justice
Myanmar
Rohingya
NEW YORK — Reports surfaced today that the International Court of Justice will hold hearings on February 21 in The Gambia’s case against Myanmar for the 2017 genocide of the Rohingya. The hearings — the first since last year’s military coup — will consider Myanmar’s “preliminary objections” to the case. Preliminary objections are typically filed to raise procedural issues before the court considers the merits of the case. Objections filed by Myanmar likely include challenges to The Gambia’s standing to file the case and to the existence of a dispute with The Gambia. More information on preliminary objections and the military coup’s effect on the case can be found here. Akila Radhakrishnan, president of the Global Justice Center, issued the following statement: “It is important that a critical vehicle to secure accountability for the Rohingya genocide is moving forward, especially after the perpeptrators of this grave crime took power in a coup. The present crisis in Myanmar was born of impunity and it will take accountability at this court and elsewhere to move Myanmar back on the path to democracy. “Myanmar’s preliminary objections are little more than delay tactics. In its hearings and order on provisional measures, the court already considered and rejected many of these arguments. The fact is Myanmar violated the Genocide Convention and Myanmar will do everything it can to avoid facing justice. And with the news that the military junta will defend in this case, the perpetrators of the Rohingya genocide will now be the one’s physically present in court to answer for their atrocities. “The military has not only yet to be held accountable for its grievous crimes, but illegally seized power over their country. In its repression of the pro-democracy movement, the military is continuing the human rights abuses that a generation of impunity has afforded. It’s past time for these atrocities to be met with consequences and this case is a vital tool to secure such justice.”
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