Global Justice Center Blog

Behind Myanmar’s Military Alibi: A Path for Compliance with the ICJ’s Order to Protect Rohingya

Excerpt of Just Security op-ed by GJC's Akila Radhakrishnan and Grant Shubin.

In the wake of the ruling from the International Court of Justice (ICJ) ordering Myanmar to prevent genocide against the Rohingya going forward, the initial excitement was tempered by pragmatics—how this important court order can be enforced so that it actually protects the 600,000 Rohingya who remain in Rakhine State.

To be sure, there is no confusion that these measures are binding—as the court noted, they create international legal obligations that require Myanmar’s compliance. But how can the international community guarantee that Myanmar actually does anything? And does Myanmar’s civilian government have the capacity to do what is needed?

The answers to these questions are mixed, generally relying on exertion of geopolitical pressure, including through the United Nations Security Council, to which the order has been transmitted. As a general rule and absent a concrete enforcement mechanism, ICJ orders have a reliable compliance rate. However, looking at the Myanmar case in context, and in particular the measures requiring prevention of the commission of genocide by Myanmar’s military, compliance will require a serious and concerted effort by both the international community and the civilian government.

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Myanmar’s Independent Commission of Enquiry: Structural Issues and Flawed Findings

On January 20, 2020, Myanmar’s Independent Commission of Enquiry (“ICOE”) submitted its final report to Myanmar’s government. The report, which was initially due on July 30, 2019, was instead submitted three days before the International Court of Justice handed down its unanimous decision on provisional measures in The Gambia v. Myanmar. With the mandate to “investigate the allegations of human rights violations and related issues, following the terrorist attacks by ARSA,” Myanmar has relied on the work of the ICOE since its creation to object to international efforts, including those of the UN Security Council, to ensure accountability for the crimes against the Rohingya.

The ICOE is not the first, but the eighth ad-hoc commission and board set up by Myanmar since 2012 with regard to the situation in Rakhine State; however, the UN Independent International Fact-Finding Mission on Myanmar has determined that none of these commissions, including the ICOE, meet the standards of an “impartial, independent, effective and thorough human rights investigation.” This Factsheet seeks to provide context and analysis on the ICOE and its final report and can be used by the international community to understand the report and its analysis.

 
   

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Myanmar’s Commission Report Delivers Genocide Denial Playbook

Excerpt of Just Security article that features GJC President Akila Radhakrishnan.

As Akila Radhakrishnan of the Global Justice Center put it, the ICoE summary is a “masterclass in how to erase the gendered experiences of conflict and genocide.” While the FFM had described “rape and other forms of sexual violence [as] one of the hallmarks of Tatmadaw (Myanmar military) operations,” the ICoE concluded:

“There were no credible statements on allegations of gang rape committed by Myanmar’s security forces. Although some interviewees mentioned rape cases, these were all secondhand information heard from someone else.”

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January News Update: A Massive First Step Towards Justice

For decades, the Rohingya experienced and documented extreme discrimination, oppression, and violence at the hands of their government. And they watched the international community turn a blind eye to this suffering. But last week, the Rohingya finally received a sense of justice that has eluded their community for generations.

The court granted provisional measures, which order Burma to take immediate action to prevent genocide. This includes ensuring military and police forces cease all genocidal acts, preserve all evidence of genocidal acts, and report on compliance with these measures.

With our decades of experience fighting for gender justice and equality in Burma, the Global Justice Center was a major voice on social media and in press coverage of the historic ruling.

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U.N. Court’s Order on Rohingya Is Cheered, but Will Myanmar Comply?

Excerpt of New York Times article that features GJC President Akila Radhakrishnan.

“The court confirmed that no matter where genocide occurs, it’s a matter for the entire international community, and that a state does not have to be connected or affected by the genocide in order for them to take action to prevent, end and punish it,” said Akila Radhakrishnan, president of the New York-based Global Justice Center.

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