Press Releases

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.”

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.”

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.”

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.”

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.”

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

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.”

NEW YORK —The government of Myanmar today filed its second report to the International Court of Justice on compliance with the court’s order to protect Rohingya from genocide. The report will not be made public at this time. The court issued its “provisional measures” order in January. It required Myanmar to prevent genocidal acts, ensure military and police forces do not commit genocidal acts, preserve all evidence of genocidal acts, and report on compliance with these provisional measures. Reports to the court are due every six months after the first report in May. Grant Shubin, legal director of the Global Justice Center, issued the following statement: “We welcome Myanmar’s second report, but merely meeting the court’s technical deadlines is not enough. Since the provisional measures order was issued, Myanmar has done nothing to address the root causes of discrimination and impunity that give rise to the ongoing risk of genocide against the Rohingya. “In fact, the government has ramped up discrimination with this month’s election that disenfranchised Rohingya voters and blocked Rohingya candidates from running for office. Meaningful compliance with the order requires comprehensive legal reform to dismantle systemic discrimination against the Rohingya and to strip the military of its supremacy and autonomy.”

Originally posted at Asia Justice Coalition Three years after the Myanmar military launched its campaign involving acts amounting to crimes against humanity and acts the UN's Fact-Finding Mission determined may amount to genocide against its Rohingya Muslim citizens, the Asia Justice Coalition today joins the Rohingya community in remembering and honouring their victims and survivors. Over a million Rohingya remain refugees, most of them in Bangladesh, but also scattered in other countries including Malaysia, India, Thailand, Indonesia and in Europe. Some 126,000 individuals have also been internally displaced and are living in dire conditions. We reflect on the need for justice for the Rohingya, including through investigations and prosecutions of those individually responsible for crimes under international law committed against the Rohingya, and to uphold their right to safe, dignified and voluntary return. We recognize the global efforts undertaken so far, and encourage further action to ensure ensure truth, justice, and reparations for the Rohingya. Background The Rohingya have been subjected to widespread gross human rights violations and serious violations of international humanitarian law. The United Nations appointed Independent International Fact- Finding Mission (FFM) has established the facts and circumstances of human rights violations by military and security forces in Myanmar. According to the FFM, many of these violations undoubtedly amount to serious crimes under international law, including crimes against humanity and likely genocide. The FFM identified widespread human rights and humanitarian law violations, including but not limited to arbitrary detention, torture and inhuman treatment, rape and other forms of sexual violence, extrajudicial, summary or arbitrary killings, enforced disappearances, forced displacement and unlawful destruction of property. The military has systematically used sexual violence as a weapon of war, with the gang-rape of women and girls, as well as violations against men and members of the transgender community coming to light. They have burned down villages, killed children and maintained a long-standing pattern of violations and abuses, systemic discrimination and policies of exclusion and marginalization against the Rohingya. It is estimated that over a million Rohingya have been forced to flee their homes, to seek refuge in other countries. The Rohingya have continued to undertake dangerous journeys on boats to neighbouring countries and many have been subjected to trafficking, whilst some have been separated from their families and many have lost their lives at sea. There have been numerous cases this year where Rohingya making these perilous journeys have been ‘pushed back’ at sea and denied permission to disembark in Malaysia and Thailand, in clear violation of international law. Justice for the Rohingya has been denied in Myanmar. The Myanmar government has claimed that those who have perpetrated these heinous crimes against the Rohingya will be held accountable through criminal prosecution. However, there has been near total impunity for those responsible. In the rare instance of the prosecution and sentencing of seven soldiers for killing ten Rohingya men and boys in Inn Din village, those convicted were pardoned after serving less than a year of their ten-year sentence, which was handed down following closed proceedings in a military tribunal, inconsistent with international law and standards. This directly contradicts the Myanmar government’s claims that it will meet its obligations to bring those individually responsible for crimes under international law to justice. There is a culture of impunity for perpetrators of gross human rights violations. The courts-martial process in Myanmar is an example of the government’s standard position of ‘defend, deny and dismiss’ with many perpetrators walking free, without facing criminal prosecution. The Myanmar justice system and the Myanmar National Human Rights Commission (MNHRC) are currently unable and unwilling to pursue accountability for gross human rights violations. Similarly, the Independent Commission of Enquiry established in 2018 has been compromised from the outset. The justice system therefore requires wide ranging reform – including through amendments to the constitution – to guarantee its independence and impartiality, so it can effectively promote and protect human rights in Myanmar. The enormity of this task, and the lack of political will to see it through, cement consensus that justice can only be achieved through international justice processes. International Justice Initiatives The past year has seen progress towards justice for the Rohingya. There have been significant developments at the International Criminal Court (ICC), the International Court of Justice (ICJ), as well as the commencement of work of the Independent Investigative Mechanism for Myanmar (IIMM). At the ICC, following authorization by Pre-Trial Chamber III, the Prosecutor has opened an investigation into crimes related to the forced deportation of Rohingya from Rakhine State in Myanmar, (which is not party to the Rome Statute of the ICC), across the border into Bangladesh, which has ratified the Rome Statute. In November 2019, the Republic of The Gambia filed a case before the International Court of Justice alleging that Myanmar’s atrocities against the Rohingya violate the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). On 23 January 2020, the ICJ in a unanimous decision, issued an order granting the indication of provisional measures. The Court ordered immediate measures to be taken by Myanmar, including that the State take all measures to prevent and ensure that the Myanmar military, as well as any irregular armed units desist from any acts that could form elements of the crime of genocide, or that could violate its obligations under the Genocide Convention. The Independent Investigative Mechanism for Myanmar has also commenced its work, which is to “collect, consolidate, preserve and analyse evidence of the most serious international crimes and violations of international law committed in Myanmar since 2011”. The IIMM continues the work of the FFM, feeding into international justice efforts such as criminal investigations and prosecutions. The success of these international justice initiatives is dependent on the mechanisms having the capacity to undertake their work, as well as the political support and cooperation of States, intergovernmental organizations, civil society organizations and other stakeholders in Myanmar and globally. Call to Action The Asia Justice Coalition notes that there are opportunities for all stakeholders to do more. We call upon the international community to redouble its efforts to pursue truth, justice, and reparations with and for the Rohingya. We also reiterate the need for greater cooperation and support from the international community to international (and national) justice initiatives, in order that they may be fully engaged in the pursuit of justice for crimes under international law committed against the Rohingya: We urge the international community to continue to press the Myanmar government to meet its international law obligations, to bring those suspected of crimes under international law to justice through fair trials. We urge condemnation – in the strongest terms – of Myanmar’s failure to pursue justice for the Rohingya. We urge the United Nations Security Council to refer Myanmar to the International Criminal Court, which would allow the court to address allegations of the full range of Rome Statute crimes against the Rohingya and other ethnic minorities, including genocide, crimes against humanity and war crimes. We urge the Myanmar government and all actors to support and cooperate with the IIMM. We emphasise the need for meaningful engagement and information sharing for effective investigations and prosecutions of crimes under international law. We urge States and business enterprises to ensure compliance with the UN Guiding Principles on Business and Human Rights as a minimum, in any business activities related to Myanmar. The obligation to ensure activities do not cause or contribute to human rights violations falls on the State as well as business enterprises, and this is an area of particular concern in Myanmar. We urge the Myanmar government to guarantee to the Rohingya equality under the law relating to citizenship rights, as well as other core issues such as freedom of movement. The Rohingya should be equal parties in the development of these frameworks and must have the ability to return to Myanmar, in keeping with a voluntary, safe and dignified return, once the conditions are fulfilled. We highlight the need for the Myanmar government to recognise and respect the Rohingya’s voting rights in the upcoming elections on November 8. The voting rights of the Rohingya were stripped in 2015 through the 1982 law, which states that only ethnic nationalities whose families entered the country before 1823 are entitled to Myanmar citizenship. This has resulted in the Rohingya being denied citizenship and being subjected to discriminatory policies and treatment in all facets of life. The upcoming elections should be a turning point in the political trajectory of Myanmar and should be free and fair, representing the will of the people of Myanmar including the Rohingya population. We also urge the international community to fully utilise Myanmar’s Universal Periodic Review (UPR) in January 2021 to press Myanmar on compliance with the ICJ’s provisional measures order and to call for human rights reform in the country.