Excerpt of Opinio Juris article by GJC Legal Director Grant Shubin.
Of the many perspectives offered by outside observers in the wake of the Myanmar military’s (Tatmadaw’s) attempted coup, the UN High Commissioner for Human Rights cogently cut to the core of it: “This crisis was born of impunity.”
As if to tacitly acknowledge this fact, in his first speech since illegally deposing democratically elected officials, Tatmadaw Commander-in-Chief Min Aung Hlaing told the people of Myanmar that, “no one is above the law”. He went on, “no one or no organization is above the national interest in state-building and nation-building.” But, of course, the Tatmadaw and Min Aung Hlaing have for a generation been above the law.
This impunity, which finds its roots in the military’s privileged position baked into Myanmar’s 2008 Constitution as well as in the international community’s mortgage on Aung San Suu Kyi’s ability to politically navigate the country out of the military’s grips, was nevertheless beginning to show cracks. And it is these cracks that make the crisis within the crisis—the question of who is credentialed to represent Myanmar at the UN General Assembly, the representative of the National Unity Government or the junta—so urgent.