Myanmar made “no progress” in resolving plight of Rakhine Muslims, Yanghee Lee says

Excerpt of article from Myanmar Times that mentions GJC.

Former special UN Rapporteur Yanghee Lee said Myanmar did not make any progress in improving the plight of the northern Rakhine Muslims.

“Sadly, no progress at all,” she said on May 22 in a webinar organised by the Global Justice Center, ahead of the May 23 deadline for Myanmar to submit a report on the International Court of Justice (ICJ) about measures that were taken to stop alleged genocide of northern Rakhine Muslims.

Lee only concluded her mandate as the Special Rapporteur two weeks ago. 

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Myanmar to Report to World Court on Compliance with Order to Prevent Genocide

NEW YORK — Myanmar will submit its first report to the International Court of Justice (ICJ) on its compliance with an order to prevent and not commit genocide against the Rohingya this Saturday. The reporting obligations are one of the “provisional measures” issued by the ICJ in January.

Myanmar is required to report to the ICJ on “all measures taken to give effect” to the Order, including to prevent genocidal acts, ensure its military and police forces do not commit genocidal acts, and preserve all potential evidence of genocidal acts. The first report must be submitted by May 23, 2020, four months after the provisional measures order, while subsequent reports will be due every six months. The ICJ does not require the report be made public.

“The reporting requirement was a critical component of the ICJ’s historic order to protect the Rohingya from genocide. Having specifically recognized that the Rohingya remain extremely vulnerable, the periodic reports will allow the Court to monitor Myanmar’s actions related to the Rohingya in real time as the case proceeds,” said Akila Radhakrishnan, president of the Global Justice Center. “Unfortunately, the response since then from Myanmar’s government has been deeply flawed at worst, and superficial at best.”

On April 8, Myanmar issued “presidential directives” to all government officials, requesting they ensure acts prohibited by Article II of the Genocide Convention are not committed — and that evidence of those acts are not destroyed. A later directive asked officials to denounce and prevent hate speech. The directives — which represent the only substantive response from Myanmar since the January ICJ order — include no clear guidelines for implementation and monitoring, and do not touch on the key issues of structural discrimination that need to be addressed in order to meaningfully give effect to the order. Deeper analysis of Myanmar’s actions since the ICJ order can be found in our Q&A.

“Myanmar’s Generals ordered the atrocities, bulldozed and buried evidence of their crimes, and are the reason why Aung San Suu Kyi’s name will now forever be associated with genocide and injustice,” said Dr. Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect. “Until Myanmar’s discriminatory laws are abolished and the perpetrators of the genocide are held accountable, the threat of further atrocities remains.”

The ICJ provisional measures: Is Myanmar protecting the Rohingya from genocide?

Description:
On 23 January 2020, the International Court of Justice (ICJ) issued provisional measures ordering Myanmar to take certain actions to protect the Rohingya from genocide and preserve evidence of genocidal acts. Recognizing the extraordinary urgency and importance of the measures ordered, the ICJ asked Myanmar to submit a report on its compliance with the order on 23 May and then every 6 months thereafter until the case is decided. While Myanmar has taken some steps since the ICJ’s January order, none touch on the long-standing structural discrimination against the Rohingya or provide a basis for safe, voluntary and dignified repatriation. Even against a backdrop of escalating conflict in Rakhine State and a global pandemic, there is much more Myanmar could do to protect the Rohingya. With Myanmar’s first report to the court due on 23 May, this Webinar will analyze the current situation in the country and explore concrete ways the authorities could effectively comply with the ICJ’s order.

Moderators:
Akila Radhakrishnan, President, Global Justice Center

Speakers: 
Yanghee Lee,
former UN Special Rapporteur on the situation of human rights in Myanmar
Laetitia Van Den Assum,Independent diplomatic expert, former member of the Advisory Commission on Rakhine State chaired by Kofi Annan, and former ambassador of The Netherlands to the United Kingdom, Mexico, Kenya, Somalia, South Africa, and Southeast Asia
Wai Wai Nu,Founder and Director, Women’s Peace Network

Justice for genocide: Yazidis hopeful as Islamic State trial opens in Germany

Excerpt of Al-Monitor articles that quotes GJC President Akila Radhakrishnan.

“Genocide, crimes against humanity and war crimes fall under this bucket [of universal jurisdiction],” explained Akila Radhakrishnan, president of the New York-based Global Justice Center.

“It’s a recognition that when these serious international crimes happen, they are a concern not just for the country where they occurred, but they are a concern to everybody.”

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First Yazidi Genocide Trial Commences in Germany

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

As outlined by Sareta Ashraph and Akila Radhakrishnan, sexual violence forms an integral part of how genocide has been committed towards Yazidi women and girls. Yet sexual slavery is often mischaracterized as a recent or modern form of slavery, as highlighted by Patricia Viseur Sellers and Jocelyn Getgen Kestenbaum in their discussion of the Habré trial. Consequently, it is vital in this context to understand the gendered dimensions of slavery and the slave trade, which include the relation of both types of criminal conduct to sexual violence.

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Bangladesh: End Internet Blackout to Protect Public Health of Rohingya Refugees and Host Communities

(BANGKOK, April 2, 2020)—The Government of Bangladesh should immediately take all necessary steps to protect Rohingya refugees and nearby host communities in Cox’s Bazar District from COVID-19 infection, said Fortify Rights and 49 human rights organizations in an open letter today. The authorities should immediately lift all restrictions that prevent Rohingya refugees from freely accessing mobile communications and the internet and also halt the construction of fencing aimed to confine Rohingya refugees in camps.

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Joint letter re: restrictions on communication, fencing and COVID-19 in Cox's Bazar District Rohingya refugee camps

Dear Prime Minister Sheikh Hasina,

As authorities around the world struggle to cope with the spread of COVID-19, it is crucial that States act to protect the most vulnerable, including refugee populations.

We, the 50 undersigned organizations, have welcomed the Bangladesh government’s efforts to host the Rohingya refugees who were forced to flee atrocities perpetrated by the Myanmar Army. We also commend the Bangladesh Government for working closely with the humanitarian community on COVID-19 preparedness and response in Cox’s Bazar District, including efforts to establish isolation and treatment facilities.

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UN Special Rapporteur on Myanmar Releases Final Report

NEW YORK – Yanghee Lee, United Nations Special Rapporteur on the situation of human rights in Myanmar, released an advance version of her final report today. Lee was appointed by the UN Human Rights Council in 2014.

Grant Shubin, legal director of the Global Justice Center, had the following response:

“Special Rapporteur Lee has been a stalwart advocate for human rights and justice in Myanmar throughout her entire tenure. As expected, her final report conveys the gravity of the situation in Myanmar as well as the urgency of domestic and international action.”

“Backed up by years of investigation and documentation, Lee’s report recognizes that international action, whether at the International Criminal Court or the International Court of Justice, is critical to reversing the scourge of genocide and other grave crimes in the country. We hope the international community heeds her words. They’re more important now than ever.”

Letter to UN Security Council members regarding Myanmar’s Independent Commission of Enquiry and the Provisional Measures ordered by the International Court of Justice

Your Excellency,

We are writing to you in light of the recently published summary of the final report of Myanmar’s Independent Commission of Enquiry (ICOE), which was issued the same week that the International Court of Justice (ICJ) ordered Myanmar to take immediate action to prevent genocide against the country’s persecuted Rohingya minority. In particular, we would like to raise grave concerns regarding the ICOE’s: (1) independence and impartiality; (2) methodology; and (3) flaws in narrative and findings.

The ICOE’s independence and impartiality have been seriously undermined by its reliance on the Office of the President of Myanmar for financial and technical support, as well as by the composition of the Commission itself, which includes at least one official directly implicated in the bulldozing of Rohingya villages damaged during the 2017 crisis in Rakhine State. The executive summary of the ICOE’s report also provides no information as to what sources and materials were relied upon beyond individual interviews, nor how the ICOE corroborated and verified this information, making it impossible to assess the quality of their methodology. Crucially, the ICOE did not interview a single Rohingya refugee in Cox’s Bazar, Bangladesh, regarding the circumstances that resulted in over 700,000 people fleeing the country. Finally, there are serious flaws and misrepresentations in the ICOE’s narrative of the crisis in Rakhine State, including disturbing inaccuracies and omissions in relation to mass rape and widespread sexual violence directed at Rohingya women and girls during the military’s so-called “clearance operations.”

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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 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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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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Myanmar ordered to prevent genocide against Rohingya by top UN court

Excerpt of CNN article that features GJC President Akila Radhakrishnan.

Akila Radhakrishnan, President of the Global Justice Center, said the ruling was a legal statement and a powerful recognition of what the Rohingya went through.

"It's like a surface affirmation from the court, that kind of the basics of the case have been met," she said. "There's power in acknowledgment, there's power in another country standing up for your rights, taking someone to court, putting a lot behind exposing in a very serious manner what happened. I think that that can't be lost in this."

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International Court of Justice orders Myanmar to prevent genocide against the Rohingya

Excerpt of Washington Post article that features GJC President Akila Radhakrishnan.

Experts in international justice said the court’s ruling that Gambia did indeed have a case against Myanmar set a strong precedent. The decision at the United Nations’ highest court also acknowledged that Rohingya Muslims constitute a vulnerable group that is in need of protection, they said.

“There was a level of complicity that existed around the Rohingya,” said Akila Radhakrishnan, the president of the New York-based Global Justice Center. “The ruling not only sends a signal to Myanmar that its flimsy excuses won’t be accepted, but also sends a signal to the rest of the international community that there are still some serious risks to the Rohingya that must be acted on.”

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Burma urged to take measures to prevent genocide against the Rohingya

Excerpt of Le Monde article that features GJC Deputy Legal Director Grant Shubin.

The decision must now be transmitted to the United Nations Security Council. Grant Shubin, deputy legal director of the Global Justice Center, said: "It is not certain that the Council will take action, particularly because of opposition from China," Burma's ally, "but such a decision constitutes a warning for Burma that the international community is watching.”

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International Court of Justice orders Myanmar to prevent Rohingya genocide

Excerpt of ABC Australia article that features GJC President Akila Radhakrishnan.

The full report is not public, but the Global Justice Centre cast doubt on the commission's independence and said it couldn't provide real accountability.

"All signs point to what human rights experts and Rohingya themselves already know, which is that the government has no intention of bringing perpetrators of mass rape and other genocidal crimes to justice," Akila Radhakrishnan, president of the Global Justice Centre, said.

"This Commission is just yet another domestic attempt to deflect responsibility and whitewash the situation of the Rohingya."

She pointed out that the report "also seemingly fails, like the Government of Myanmar, to use the term 'Rohingya', which continues to deny the identity of the group".

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World Court Orders Interim Protection for Myanmar’s Rohingya

Excerpt of Bloomberg article that features GJC Deputy Legal Director Grant Shubin.

Failure to comply may affect Myanmar’s international standing or prompt reactions in bilateral or multilateral forums, Grant Shubin, deputy legal director of the New York-based Global Justice Center said in an email. ”While there are still several stages of the case that must happen before the court finally decides if Myanmar violated the Genocide Convention, the broader international community should do everything in their power to ensure Myanmar complies with an order,” Shubin added.

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World Court Orders Myanmar to Take Immediate Action to Prevent Genocide

THE HAGUE — The International Court of Justice today ordered Myanmar to take immediate action to prevent genocide.

The “provisional measures” require 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. The measures are also automatically sent to the UN Security Council.

“Today’s order is a massive step towards justice for the Rohingya that underlines the importance of the global rule of law,” said Akila Radhakrishnan, president of the Global Justice Center. “Hundreds of thousands of Rohingya are still under the threat of genocide. Over a million languish in refugee camps far from home. These measures recognize the tremendous urgency of the situation for survivors of sexual violence and other genocidal crimes. It’s now time for the international community, including the Security Council, to act to ensure compliance.”

In its request for provisional measures, The Gambia cited the findings of the United Nations Independent International Fact-Finding Mission on Myanmar, which reported in September that the Rohingya remaining inside Myanmar “live under the threat of genocide.” Countries on the UN Security Council are obligated to prevent and punish the crime of genocide under the Genocide Convention.

“This is the first step on a path to justice for the Rohingya. I hope that all members of the UN Security Council will uphold their moral and political obligation to ensure that the provisional measures ordered by the Court are fully implemented,” said Dr. Simon Adams, Executive Director of the Global Centre for the Responsibility to Protect. “Those responsible for genocide are still in power in Myanmar. Justice has been delayed but can no longer be denied.”

Myanmar inquiry into treatment of Rohingya condemned as 'cover-up'

Excerpt of The Guardian article that features GJC President Akila Radhakrishnan.

The panel report, said Akila Radhakrishnan, a human rights lawyer and the President of the Global Justice Centre, was fundamentally flawed. “It’s methodology has been criticised since it was announced, the last fact [UN] finding mission report laid out a series of concerns that they had - from the lack of a clear mandate to to its dependency on the Myanmar government and questionable operating procedures.

“The [panel] commissioners themselves said they’re not going to be able to point the finger, that they are not looking to establish accountability.”

Radhakrishnan added that by admitting some abuses took place, the report appeared to be attempting to reassure the international community, and that the timing of the report was significant. “This is their way of saying we have this impartial independent process - you need to leave domestic accountability to us,” she said.

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