Media Release from Burmese Rohingya Organisation UK
Historic
decision by Argentinian courts to take up genocide case against Myanmar
For Immediate Release 28 November 2021
The Argentinian judiciary has taken the
historic step to open a court case against the Myanmar military - including Min
Aung Hlaing and much of the current junta’s senior leadership - over the
ongoing genocide against the Rohingya, the Burmese Rohingya Organisation UK (BROUK) said today.
On the 26 November 2021 the Second Chamber of
the Federal Criminal Court in Buenos Aires confirmed that it would launch a
case against senior Myanmar officials under the principle of universal
jurisdiction, which holds that some crimes are so horrific that they can be
tried anywhere. BROUK first petitioned the Argentinian judiciary to open such a
case in November 2019.
“This is a day of hope not just for us Rohingya
but for oppressed people everywhere. The decision in Argentina shows that there
is nowhere to hide for those who commit genocide - the world stands firmly
united against these abhorrent crimes,” said Tun Khin, President of
BROUK.
The Second Chamber of the Appeal Court
reaffirmed in its resolution that “the gravity of the facts and the violation
of ius cogens norms permit that
those facts are investigated in our country”.
“We applaud the Argentinian judiciary for
showing the courage and moral leadership to take up this case. Justice for
decades of dehumanising and killings of
Rohingya in Myanmar is now within reach,” Tun Khin said, and continued:
“This is not just about accountability for
Rohingya, however, but for everyone who has suffered under the Myanmar
military’s brutal reign. This includes the thousands killed, injured, tortured
or disappeared since the coup in February this year.”
An ongoing genocide
The case relates to crimes perpetrated against
the Rohingya by Myanmar authorities in Rakhine State for decades. In 2017, the
Myanmar military and its proxies launched a vicious campaign in the region,
committing the worst atrocities and driving close to 800,000 Rohingya to flee
across the border into Bangladesh. The case includes the particular situation
of six women who were raped, tortured and in many cases their husbands and
children killed during that genocidal campaign in Rakhine
State.
The Rohingya who remain in Rakhine State
continue to live under a dehumanising system
of oppression where all aspects of their lives are controlled. Harsh
restrictions on freedom of movement means that accessing education, health care
and other basic services is difficult in the extreme.
In February 2021, the military seized power by
force in Myanmar in a coup. Since then, close to 1,300 people have been killed
and thousands have been jailed amid massive, nation-wide resistance to the
junta. Although, for the moment, these events are not covered under BROUK’s
case, the case does implicate much of the junta’s senior leadership, including
Min Aung Hlaing, the Commander-in-Chief and self-proclaimed Prime
Minister.
First universal jurisdiction case on the
Rohingya
On 13 November 2019, BROUK petitioned
Argentinean Courts to open an investigation into the role of Myanmar’s civilian
and military leaders in committing genocide and crimes against humanity against
the Rohingya. Under the principle of universal jurisdiction, such crimes can be
investigated anywhere in the world regardless of where they were
committed.
Since November 2019, the Argentinian judiciary
has maintained a dialogue with the International Criminal Court (ICC) to ensure
that a universal jurisdiction case would complement - and not duplicate - the
ICC case against Myanmar launched in November 2019.
The case in Argentina will cover the full range
of crimes committed against the Rohingya in Myanmar, unlike the ICC case which
is limited to only crimes which have at least partially been committed on
Bangladeshi territory.
Having received such assurances, the judiciary
yesterday confirmed it would take up the case. This will be the first universal
jurisdiction case related to the situation of the Rohingya anywhere in the
world.
“For decades, Myanmar officials have with
impunity tried to wipe the Rohingya out as a people. Justice is the only way to
break the cycle of violence, and with Myanmar both unwilling and unable to
investigate itself, the international community must step in,” said Tun Khin.
“This universal jurisdiction case in Argentina shows that accountability is
possible. We urge other countries to immediately explore opening similar cases
to show those responsible for the genocide that there are no safe havens
anywhere.”
“This is a real chance to hold the Myanmar
military and its supporters to account for their murderous actions, including
Min Aung Hlaing, who is the chief architect of both the Rohingya genocide and
the coup that has brought so much suffering to Myanmar. The military is the
common enemy of all people of our country”, Tun Khin said.
BROUK is supported in Argentina by the human
rights NGOs Grandmothers of the Plaza de Mayo and Foundation for Peace and
Justice, founded by the Nobel Peace Prize Winner Adolfo Pérez Esquivel. BROUK
is legally represented by Tomás Ojea Quintana, a prominent human rights lawyer
and the former United Nations Special Rapporteur on the situation of human
rights in Myanmar (2008-2014).
Moving forward
Investigations by BROUK’s legal team will begin
immediately, which will focus on identifying perpetrators of abuses, both those
who committed the actual crimes and those with command responsibility. If those
responsible refuse to heed summons to attend Court hearings in Argentina, BROUK
will reach out to international criminal justice bodies such as Interpol with a
view to issue arrest warrants.
A key part of the process will be to ensure
that Rohingya victims themselves are able to testify in Argentina, in
particular the six women who are part of the case. Not only is this important
to demonstrate the scale of abuses by the Myanmar military, but it also speaks
to the rights of victims to be heard and to tell their stories in a Court of
Law.
BROUK will furthermore ask that the Court
requests information from social media companies, in particular Facebook,
regarding hate speech spread on their platforms that could have contributed to
a hostile environment against the Rohingya.
In addition, the Independent Investigative
Mechanism for Myanmar – established by the UN in 2018 to gather evidence of
gross human rights violations – has offered to the Court its formal support for
BROUK’s case, including through the sharing of relevant evidence.
International justice efforts
The case in Argentina is the first universal
jurisdiction case concerning the Rohingya genocide anywhere in the world, but
not the only international legal process against the Myanmar authorities.
As mentioned above, the ICC in November 2019
approved an investigation into Myanmar for crimes against humanity against the
Rohingya.
The Gambia in November 2019 launched a case
against Myanmar for violating the Genocide Convention with the International
Court of Justice (ICJ). In January 2020, the ICJ imposed “provisional measures”
on Myanmar as part of the case, essentially a legal injunction ordering the end
to genocidal practices against the Rohingya.
“There is no question that the Myanmar
authorities are feeling the pressure of the many international justice efforts
that are under way. The architects of the genocide against the Rohingya can and
should soon face a Court of Law. We urge the international community to
redouble efforts to bring about justice and ensure that this momentum is not
lost,” said Tun Khin.
About universal jurisdiction
Universal jurisdiction is based on the
principle that some crimes are so horrific that they concern humanity as a
whole, and can be tried anywhere regardless of where they have been committed.
All states are permitted to exercise universal jurisdiction over crimes under
international law, such as crimes against humanity or genocide.
This allows for the ability to investigate and
prosecute individuals suspected of responsibility for war crimes and crimes
against humanity, torture, genocide, and enforced disappearances, regardless of
where the crime was committed or the nationality of the suspect or victim.
The principle of universal jurisdiction is also
enshrined in the Argentinean national legal framework, including in article 118
of the Constitution.
In the particular case of the Rohingya, UN
bodies, including the Fact-Finding Mission on Myanmar, have recommended that
states pursue universal jurisdiction cases.
For more information, please contact Tun Khin
on +44 7888714866
With kind regards,
Burmese
Rohingya Organisation UK (BROUK)
London
https://www.facebook.com/burmeserohingya.orguk
Comments
Post a Comment