Global Justice Center Blog

Gender Crimes Require Gender Justice for Burma's Rohingya

Rohingya women and girls have suffered targeted atrocities at the hands of Burma’s security forces. Amounting to crimes against humanity and genocide, these attacks were gendered in their conception, commission, and consequences. Accordingly, gender must be central to any and all efforts aimed at justice and accountability for the crimes committed against the Rohingya.

For an in-depth analysis of the sexual and gender-based crimes perpetrated by Burma’s security forces against Rohingya women and girls, see the Global Justice Center’s (GJC) legal brief: Discrimination to Destruction: A Legal Analysis of the Gender Crimes Against the Rohingya.

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Groundbreaking Legal Analysis of Gender-Based Crimes in Rakhine State

FOR IMMEDIATE RELEASE – September 17, 2018

[New York] – The Global Justice Center (GJC) released a report today providing the first comprehensive legal analysis of the gender-based crimes committed against Rohingya women and girls in Rakhine State, amounting to crimes against humanity and genocide. 

Too often, the female victims of atrocity crimes are overlooked, their experiences lost in a narrative of violence centered around mass killings. This report highlights the central role that gender played in the design and commission of the atrocities carried out against the Rohingya. The Burmese military has a long history of using rape as a weapon against ethnic minorities, and the assault on the Rohingya was no exception—women and girls were systematically singled out for brutal rape and sexual violence. As one survivor testified, “I was lucky I was only raped by three men.” Accountability proceedings—whether at the domestic or international level—must take into account these gendered experiences.

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Discrimination to Destruction: A Legal Analysis of Gender Crimes Against the Rohingya

Since August 2016, the Burmese military (Tatmadaw), Border Guard, and police forces have conducted a systematic campaign of brutal violence against Rohingya Muslims in Burma’s northern Rakhine State. These attacks come in the midst of a decades-long campaign of persecution of the Rohingya through discriminatory measures to police and control the group, including denying citizenship rights, restricting movement and access to healthcare, and limiting marriage and the number of children in families. While all members of the Rohingya population were targeted for violence, gender was integral to how the atrocities were perpetrated.

This brief seeks to bring to light the international crimes—crimes against humanity and genocide—committed against Rohingya women and girls since 2016 by Burmese Security Forces and highlight the role gender played in the design and commission of these atrocities. The military has long used rape as a weapon of war and oppression in its conflicts with ethnic groups, and in the recent attacks, Rohingya women and girls were targeted for particularly brutal manners of killing, rape and sexual violence, and torture. 

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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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