Suu Kyi to lead Myanmar team contesting genocide court case

Excerpt of Associated Press articlethat features GJC President Akila Radhakrishnan.

Akila Radhakrishnan, president of the New York-based Global Justice Center, said Suu Kyi and Myanmar’s civilian government “failed to act against genocide in Rakhine State with any level of urgency and have taken no steps to hold the military to account.”

“The international community should no longer have illusions where Suu Kyi and the civilian government stand and must act to support The Gambia and take other measures to hold Myanmar accountable,” Radhakrishnan said in a statement.

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Suu Kyi to defend Myanmar against genocide accusation at UN court

Excerpt of Al Jazeera article that features GJC President Akila Radhakrishnan.

The Gambia and Myanmar are signatories to the 1948 Genocide Convention, which not only prohibits states from committing genocide but also compels all signatory states to prevent and punish the crime of genocide.

Akila Radhakrishnan, president of the Global Justice Center, noted that Myanmar's civilian government had failed to act in 2017 and taken no steps to hold the military to account.

"Now, they are going to defend the military and the government's genocidal actions on one of the world's largest and most influential stages," Radhakrishnan said in a statement. 

"The international community should no longer have illusions where Suu Kyi and the civilian government stand and must act to support The Gambia and take other measures to hold Myanmar accountable."

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The Gambia Files Lawsuit Against Myanmar at the International Court of Justice

NEW YORK — Today the government of the Republic of Gambia filed a lawsuit at the International Court of Justice (ICJ) against the Republic of the Union of Myanmar for violating its obligations under the Genocide Convention. This historic lawsuit seeks to ensure Myanmar’s responsibility as a state for the genocide committed against the Rohingya.

Starting in October 2016 and then again in August 2017, Myanmar’s security forces engaged in so-called “clearance operations” against the Rohingya, a distinct Muslim ethnic minority, in Rakhine State. The operations were characterized by brutal violence and serious human rights violations that, according to UN investigations, amount to genocide and crimes against humanity. Survivors reported indiscriminate killings, rape and sexual violence, arbitrary detention, and torture. Since August 2017 more than 745,000 ethnic Rohingya civilians have been forcibly displaced from Myanmar, with nearly 400 Rohingya villages attacked and burned.

The clearance operations followed decades of systematic persecution of the Rohingya by the government. Over the course of decades, Myanmar has rendered most its Rohingya population stateless through discriminatory laws, and placed severe restrictions on their freedom of movement, fundamental religious freedom as well as reproductive and marital rights.

In September, the UN Human Rights Council-mandated Independent International Fact-Finding Mission on Myanmar (FFM) concluded in its final report that “the State of Myanmar breached its obligation not to commit genocide” and welcomed efforts to ensure accountability, including at the ICJ.

The ICJ is the principal judicial organ of the United Nations and rules on disputes between states and other questions of international law. Article IX of the Genocide Convention provides that any disputes relating to the “interpretation, application or fulfillment” of the Convention, including “the responsibility of a State for genocide,” can be brought to the ICJ. For more information on the ICJ process, see “Q&A: The Gambia v. Myanmar, Rohingya Genocide at The International Court of Justice.”

As a party to the Genocide Convention, The Gambia refused to stay silent in the face of genocide and today took an important step in filing a case against Myanmar at the ICJ. As part of its filing, The Gambia requested the ICJ to issue provisional measures which, if granted, could impose immediately binding obligations on Myanmar.

“We commend The Gambia for upholding its international responsibility to punish genocide,” said Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect. “The international community failed to prevent a genocide in Myanmar, but it is not too late to hold the State of Myanmar accountable for its crimes.”

"The Gambia’s lawsuit is a landmark moment for the global rule of law and for the victims of some of the most severe human rights abuses in recent memory,” said Akila Radhakrishnan, President of the Global Justice Center. “We must also remember that gender played a central role in this genocide and we hope this perspective will be at the heart of this critical effort to hold the state of Myanmar accountable for its atrocities.”

MEDIA CONTACT:
Thomas Dresslar, Global Justice Center, This email address is being protected from spambots. You need JavaScript enabled to view it., +1 212-725-6530 x217
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Q&A: The Gambia v. Myanmar – Rohingya Genocide at The International Court of Justice

Starting in October 2016 and then again in August 2017, Myanmar’s security forces engaged in so-called “clearance operations” against the Rohingya, a distinct Muslim ethnic minority, in Rakhine State, Myanmar. The operations, in particular those that started in August 2017, were characterized by brutal violence and serious human rights violations on a mass scale. Survivors report indiscriminate killings, rape and sexual violence, arbitrary detention, torture, beatings, and forced displacement. Reports have also shown that security forces were systematically planning for such an operation against the Rohingya even before the purported reason for the violence — retaliation for small scale attacks committed by the Arakan Rohingya Salvation Army (ARSA) — occurred. As a result, an estimated 745,000 people — mostly ethnic Rohingya — were forced to flee to Bangladesh.

According to the UN Human Rights Council-mandated Independent International Fact-Finding Mission on Myanmar(FFM), the treatment of the Rohingya population during the “clearance operations” amounts to genocide, crimes against humanity, and war crimes, the commission of which evokes specific obligations and responsibility under international law.

On November 11, 2019, The Republic of The Gambia filed suit against Myanmar in the International Court of Justice (“ICJ”) for violating the Genocide Convention. This momentous lawsuit brings a critical focus to Myanmar’s responsibility as a state for genocide and compliments ongoing investigations into individual accountability. This fact sheet answers fundamental questions about the ICJ case, and seeks to clarify available avenues for justice for the crimes committed against the Rohingya population.

 
   

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Read Akila Radhakrishnan's Speech at UNGA74 Side Event on the Rohingya Crisis

"A Pathway to a Sustainable Solution to the Rohingya Crisis"
Permanent Mission of Bangladesh to the United Nations

Text of Prepared Remarks

Thank you Simon. And thank you Minister Momen, Minister Tambadou for your leadership. It’s an honor to participate in this event with you both. As Simon mentioned, I am the President of the Global Justice Center, an international human rights organization dedicated to advancing gender equality through the rule of law. We combine legal analysis with strategic advocacy to ensure equal protection of the law for women and girls.

My organization has worked in Burma since 2005, largely on issues of justice and accountability, including for military-perpetrated sexual violence against ethnic women. As a result, we are all too familiar with the place we find ourselves in today: seeking to find ways to end to conflict and restore peace, break the cycle of impunity for horrific crimes perpetrated by the military against an ethnic minority, and a find path forward to true democratic transition in Burma.

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.