Rohingya genocide case
Rohingya Genocide Case at ICJ: US shares info with The Gambia
The United States has shared information with The Gambia in connection with the case the latter brought forward against Myanmar under the Genocide Convention at the International Court of Justice (ICJ) over atrocities committed against the Rohingyas.
"We stand ready to support a holistic transitional justice process to address the long history of atrocities once such a process becomes viable to respect the demands of victims and survivors for truth, reparation, justice, and non-recurrence," US Under Secretary for Civilian Security, Democracy, and Human Rights, Uzra Zeya, said.
Acknowledging the genocide as the first step, not the last, she said, all must take the next steps together to bring an end to the violence and prevent the recurrence of atrocities.
Further delay in commencing Rohingya repatriation may put entire region at risk: Bangladesh Govt
Zeya was speaking on the occasion of six years since the start of the horrific genocide against Rohingyas, said the US Department of State.
She thanked members of the Rohingya diaspora who joined in. "I applaud your resilience in the face of ongoing persecution," she said.
Over the course of 2016 and 2017, Myanmar’s military brutally attacked Rohingya communities.
Systematic acts of violence, including torture, sexual and gender-based violence, and mass killings led to largescale displacement and loss of thousands of innocent lives.
The Myanmar military targeted one of the most vulnerable and marginalized populations in the country, forcing over 740,000 Rohingyas to seek refuge in Bangladesh.
The rippling impact of those attacks continues today, six years later.
Help us return home in Myanmar, Rohingyas appeal
Bangladesh hosts over a million Rohingya refugees, with significant numbers seeking refuge in nearby countries.
Many more remain internally displaced in Myanmar’s Rakhine State.
"During my visit to Bangladesh in July, I met with Rohingya refugees, who shared personal stories of the horrific violence they and their families endured in Burma and the fear of continued persecution that prevents their return," Zeya said.
The gradual loss of rights, citizenship, homes, and even their lives in the years leading up to the 2016-2017 outbreak of atrocities made clear that the regime sought to destroy Rohingya communities based on a false, discriminatory narrative of ethnic and religious differences.
This false narrative attempts to obscure the fact that Rohingyas have been an integral part of Myanmar society for generations.
"We are unwavering in our commitment to provide assistance to survivors and victims, seek accountability for those responsible, and pursue justice for the survivors and victims," Zeya said.
US to pursue justice for Rohingyas and all people of Myanmar: Blinken
In terms of providing assistance, the United States is the leading single donor of life-saving humanitarian assistance to this cause.
They have provided more than $2.1 billion to assist those affected by the crisis in Myanmar, Bangladesh, and elsewhere in the region since 2017.
Recognizing that Rohingyas cannot safely return to their homeland in Myanmar under current conditions, she said, resettlement is another important way in which we contribute.
Since 2009, the United States has warmly welcomed nearly 13,000 Rohingyas from the region, including from Bangladesh.
"Our work is not just humanitarian, we also must move towards accountability," Zeya said.
6th Year of Rohingya Influx: Groups seek justice for 'ethnic genocide' in Myanmar
The US also provides support to the UN’s Independent Investigative Mechanism for Myanmar, which has a mandate to collect, consolidate, preserve, and analyze evidence of the most serious international crimes and violations of international law committed in Myanmar since 2011.
US support includes providing the mechanism with $2 million of funding to strengthen its ability to conduct open-source investigations and to protect witnesses and victims.
"We are not alone in seeking accountability. On Wednesday, we joined 12 other nations on the UN Security Council in a joint statement calling out the continued, unrelenting violence perpetrated by the military regime," Zeya said.
This statement called on the regime to restore the rights of the Rohingyas.
On Wednesday, the United States expanded its Myanmar-related sanctions on authorities to include any foreign individual or entity operating in the jet fuel sector of Myanmar’s economy and designated two individuals and three entities under this authority.
This expansion follows US sanction actions already taken this year that designated Burma’s Ministry of Defense, its two largest regime-controlled banks, the Ministry of Energy, and other individual military-affiliated cronies.
Zeya said they will continue to use their sanctions authorities to deprive the military regime of the resources that enable it to oppress its people and urge others to take similar accountability measures.
Sixth year of genocidal attacks against Rohingya: A UN expert demands accountability for the violence
"Justice for victims is also crucial. The United States coordinates with international partners and NGOs to support the Rohingya courageously seeking justice in the courts of Argentina for the atrocities committed against them," she said.
Zeya said they are actively working with civil society and members of the Rohingya community to document the atrocities and other abuses committed against them.
Secretary Blinken’s determination in March 2022 that members of Myanmar’s military committed genocide and crimes against humanity against Rohingya was a historic occasion.
This marked only the eighth time the United States has come to such a critical conclusion, she said.
"We must take into account the needs of survivors, including creating the conditions to enable refugees’ safe, voluntary, dignified, and sustainable return. We must address the military’s continued impunity for human rights abuses. And, we must support the fight for justice for those who have suffered," Zeya said.
The US official said, "Taking these steps is how we can ensure a peaceful, prosperous, and democratic Myanmar that respects the human rights of all."
1 year ago
UN court to rule on jurisdiction in Rohingya genocide case
The United Nations' highest court is ruling Friday on whether to proceed with a landmark case that accuses Myanmar's rulers of genocide against the country's mainly Muslim Rohingya minority.
The International Court of Justice is set to deliver its decision on Myanmar's claims that the Hague-based court does not have jurisdiction and that the case filed by the tiny African nation of Gambia in 2019 is inadmissible.
If judges reject Myanmar's objections, they will set the stage for court hearings airing evidence of atrocities against the Rohingya that rights groups and a U.N. probe say amount to breaches of the 1948 Genocide Convention. In March, U.S. Secretary of State Antony Blinken said that violent repression of the Rohingya population in Myanmar amounts to genocide.
Amid international outrage at the treatment of the Rohingya, Gambia filed the case with the world court alleging that Myanmar is breaching the genocide convention. The nation argued that both Gambia and Myanmar are parties to the convention and that all signatories have a duty to ensure it is enforced.
Also read: Dhaka urges Jakarta to do more for repatriation of Rohingya refugees
Lawyers representing Myanmar argued in February that the case should be tossed out because the world court only hears cases between states and the Rohingya complaint was brought by Gambia on behalf of the Organization of Islamic Cooperation.
They also claimed that Gambia could not bring the case to court as it was not directly linked to the events in Myanmar and that a legal dispute did not exist between the two countries before the case was filed.
Gambia’s Attorney General and Justice Minister Dawda Jallow insisted in February that the case should go ahead and that it was brought by his country, not the OIC.
“We are no one’s proxy,” Jallow told the court.
The Netherlands and Canada are backing Gambia, saying in 2020 that the country “took a laudable step towards ending impunity for those committing atrocities in Myanmar and upholding this pledge. Canada and the Netherlands consider it our obligation to support these efforts which are of concern to all of humanity.”
Myanmar’s military launched what it called a clearance campaign in Rakhine state in 2017 in the aftermath of an attack by a Rohingya insurgent group. More than 700,000 Rohingya fled into neighboring Bangladesh and Myanmar security forces have been accused of mass rapes, killings and torching thousands of homes.
Also read: Rohingya Repatriation: Dhaka seeks proactive role from Indonesia, ASEAN
In 2019, lawyers representing Gambia at the ICJ outlined their allegations of genocide by showing judges maps, satellite images and graphic photos of the military campaign. That led the court to order Myanmar to do all it can to prevent genocide against the Rohingya. The interim ruling was intended to protect the minority while the case is decided in The Hague, a process likely to take years.
The ICJ case was complicated by last year's military coup in Myanmar. The decision to allow the Southeast Asian nation's military-installed government to represent the country at the February hearings drew sharp criticism. A shadow administration known as the National Unity Government made up of representatives including elected lawmakers who were prevented from taking their seats by the 2021 military coup had argued that it should be representing Myanmar in court.
The International Court of Justice rules on disputes between states. It is not linked to the International Criminal Court, also based in The Hague, which holds individuals accountable for atrocities. Prosecutors at the ICC are investigating crimes committed against the Rohingya who were forced to flee to Bangladesh.
2 years ago
UN court to open hearings in Rohingya genocide case
Myanmar’s shadow civilian administration called on the United Nations’ top court Monday not to allow the country’s military rulers to represent the Southeast Asian nation at hearings into a case accusing the country of genocide against the Rohingya ethnic minority.
Four days of hearings into the Myanmar military’s deadly 2017 crackdown on the Rohingya are scheduled to open Monday afternoon at the International Court of Justice amid a dispute over who should represent the country in court.
Representatives of Myanmar are scheduled to address judges to outline why they believe the case that was filed by the African nation of Gambia, representing a group of Muslim nations, should be dropped.
Read:Argentinian judiciary to open case against Myanmar military over Rohingya genocide
But members of Myanmar’s National Unity Government, urged the court not to accept representatives of the military rulers.
“We do not believe that the International Court of Justice will want to allow the military to appear before them as if they speak for the Republic of the Union of Myanmar,” said the unity government’s foreign minister, Zin Mar Aung. “It would be a most profound injustice to the Rohingya if the military were to be both their abusers and have any voice in the court.”
The shadow administration said it has contacted the court to withdraw Myanmar’s preliminary objections to the case, but it remains to be seen whether the court will recognize the unity administration.
The shadow administration is made up of a diverse group of representatives including elected lawmakers who were prevented from taking their seats by the military takeover. It says it is the country’s only legitimate government but no foreign government has recognized the unity group.
The dispute at the world court in The Hague reflects a broader struggle in the international community over whom to accept as Myanmar’s legitimate rulers in the aftermath of the coup.
Southeast Asian foreign ministers held their annual retreat last week without their counterpart from Myanmar, who was blackballed from participating but allowed to attend online as an observer.
The military launched what it called a clearance campaign in Rakhine state in 2017 after an attack by a Rohingya insurgent group. More than 700,000 Rohingya fled into neighboring Bangladesh and security forces were accused of mass rapes, killings and torching thousands of homes.
In 2019, lawyers representing Gambia at the ICJ outlined their allegations of genocide by showing judges maps, satellite images and graphic photos of the military campaign. That led the court to order Myanmar to do all it can to prevent genocide against the Rohingya. The interim ruling was intended to protect the minority while the case is decided in The Hague, a process likely to take years.
Read: Rohingya genocide continues after Myanmar military coup: BROUK
Former pro-democracy icon Aung San Suu Kyi represented Myanmar at the 2019 hearings, but she now is imprisoned after being convicted on what supporters call trumped-up charges.
Last year’s military takeover in Myanmar sparked widespread peaceful protests and civil disobedience that security forces suppressed with lethal force. About 1,500 civilians have been killed, according to the Assistance Association for Political Prisoners.
Akila Radhakrishnan, president of the Global Justice Center, said this week’s International Court of Justice hearings “are laying the groundwork for accountability in Myanmar — not only for the Rohingya, but for all others who have suffered at the hands of the military.”
The International Court of Justice rules on state responsibility for breaches of international law. It is not linked to the International Criminal Court, also based in The Hague, which holds individuals accountable for atrocities. Prosecutors at the ICC are investigating crimes committed against the Rohingya who were forced to flee to Bangladesh but have not yet filed any indictments.
2 years ago