Global Justice Center Blog

UN Fact-Finding Mission on Myanmar Documents Genocide and Calls for International Justice in Final Report

FOR IMMEDIATE RELEASE

NEW YORK — Today the United Nations Fact-Finding Mission on Myanmar released its final report, summarizing its investigation into what it called “the gravest crimes under international law” committed against vulnerable populations in the country, including the Rohingya. The report explicitly calls for international legal accountability for violations of the Genocide Convention.

Established in 2017, the mission has thoroughly documented genocide, crimes against humanity, and war crimes carried out by the military and security forces in Myanmar and has consistently called on the international community to act. To that end, the final report applauded efforts by UN Member States such as The Gambia, who are potentially pursuing a case against Myanmar at the International Court of Justice (ICJ) in line with their obligations under the Genocide Convention.

“The Fact-Finding Mission has been a tremendous advocate for international accountability in Myanmar, which remains the only true path to justice for victims of gross human rights violations, including genocide,” said Akila Radhakrishnan, president of the Global Justice Center. “As its mandate ends, it is essential that the international community take the mission’s recommendations seriously and take urgent action to break the culture of impunity in Myanmar.”

The Global Justice Center and the Global Centre for the Responsibility to Protect met with Attorney General and Minister of Justice, Abubaccar M. Tambadou, and other senior officials in The Gambia earlier this month to discuss efforts to hold Myanmar accountable under the Genocide Convention. For more information on how an ICJ case might proceed, see this Q&A.

“We thank the Fact-Finding Mission for its crucial work and commend The Gambia for seeking to uphold its international responsibility to punish genocide,” said Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect. “In 2017 the international community failed to prevent a genocide in Myanmar. But it is not too late to protect the Rohingya from further persecution and ensure that the perpetrators of these atrocities face international justice.”

“This week, world leaders will come together in New York for the start of the United Nations General Assembly. Action on Myanmar — whether sanctions, a referral to the International Criminal Court by the Security Council, or the creation of an ad-hoc tribunal — must be a priority," said Radhakrishnan.

Countries are legally bound to punish Myanmar’s genocide

Excerpt of Washington Post Letter to the Editor from GJC Deputy Legal Director Grant Shubin.

The Aug. 25 editorial “For Myanmar, impunity, not accountability” said Western governments should do more to hold the Myanmar military and its backers to account for horrific crimes against the Rohingya. But that lets the West off the hook considerably for what is actually a binding legal obligation as well as a moral one.

The editorial noted that the United Nations fact-finding mission on Myanmar invoked the Genocide Convention in its condemnation of the military’s atrocities. Parties to the convention, which includes most Western nations, are obligated to do everything within their power to prevent and punish Myanmar’s genocide. This means bringing the issue of individual and state responsibility to the Security Council, which should lead to a resolution referring the situation to the International Criminal Court.

Read the full letter

The International Criminal Court Can Help End Impunity for Gender-Based Violence in its Investigation of the Rohingya

Rohingya refugee women hold placards as they take part in a protest at the Kutupalong refugee camp to mark the one-year anniversary of their exodus in Cox's Bazar, Bangladesh
REUTERS/Mohammad Ponir Hossain

Also published by Ms. Magazine

By Katherine Comly

Ask any feminist how they think their government is doing at holding perpetrators of sexual violence accountable and most would respond with an emphatic “poorly”— at best. Internationally, there are moves being made to tackle sexual violence, like awarding the Nobel Prize to Nadia Murad and passing the first Security Council Resolution on the issue. Still, they go nowhere near solving systemic problems.

There currently exists, however, a major opportunity to reform how the international justice system addresses sexual violence: the investigations into genocidal violence against the Rohingya in Burma. A gendered understanding of these crimes is essential and will fulfill the international community’s responsibility to recognize and punish all forms of genocidal violence.

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Experts warn ongoing abuse precludes Rohingya return

Excerpt of Anadolu Agency article that quotes GJC President Akila Radhakrishnan.

Quoting a Thursday report released by the UN Fact-Finding Mission documenting and analyzing sexual and gender-based violence committed by Myanmar’s military, international humanitarian law organization Global Justice Center (GJC) President Akila Radhakrishnan said in a statement: "To date, no military perpetrator of sexual violence has been held accountable in Burma [Myanmar] for their crimes."

“Sexual and gender-based violence is, at its core, an expression of discrimination, patriarchy, and inequality,” said Radhakrishnan. “As a result, accountability for these crimes must be holistic and seek to address and transform the root causes of violence.”

Read the full article

Statement on United Nations Fact-Finding Mission Report on Sexual and Gender-Based Violence

FOR IMMEDIATE RELEASE

NEW YORK — The United Nations Fact-Finding Mission on Myanmar today released a report documenting and analyzing sexual and gender-based violence committed by the country’s military, the Tatmadaw. The report represents the mission’s first thorough examination of gender-based crimes in Burma.

The mission’s report describes in detail the widespread and systemic use of sexual violence by the Tatmadaw. It also analyzes the gendered impacts of Burma’s ethnic conflicts. The Global Justice Center has advocated since 2005 for the need to ensure justice and accountability for sexual and gender-based violence in Burma and last year released “Discrimination to Destruction,” the first comprehensive legal analysis of gender-based crimes against ethnic Rohingya in the country.

“The Tatmadaw has for decades utilized sexual violence to subjugate and terrorize ethnic groups with impunity and we commend the United Nations Fact-Finding Mission for recognizing this critical fact,” said Akila Radhakrishnan. “To date, no military perpetrator of sexual violence has been held accountable in Burma for their crimes. As accountability proceedings begin, including at the International Criminal Court, it is essential that a robust gender lens and perspective informs the proceedings.”

The report includes the well-documented human rights abuses that occurred in Rakhine State against the Rohingya, but it also details gendered and sexual violence against ethnic communities in Kachin and Shan states. In addition, it contains a groundbreaking investigation of gender-based violence against transgender Rohingya, as well as men and boys. Importantly, the report also recognizes the links between gender inequality in Burma and the commission of sexual and gender-based crimes.

“Sexual and gender-based violence is, at its core, an expression of discrimination, patriarchy, and inequality,” said Radhakrishnan. “As a result, accountability for these crimes must be holistic and seek to address and transform the root causes of violence.”

The Global Justice Center has long worked to ensure that gender is analyzed in mass atrocity crimes, including in the crimes against Iraq’s Yazidi minority. It has also researched, written, and spoken out against the abuses of Burma’s military regime and gender inequality in the country for over a decade.

For more background on the gender-based crimes against the Rohingya as well as potential gender-inclusive solutions, a brief factsheet can be found here.