Justice in Burma | Action

GUY HORTON, "The man who uncovered the truth about Burma"

 
Aung San Suu Kyi released from house arrest. (13 November 2010)…      The EU Parliament demands, amongst other things, an investigation into crimes against humanity and the provision of aid to internally displaced people.(May 2010)...       UN High Commission for Human Rights calls for a UN Commission of Inquiry into alleged possible crimes against humanity in Myanmar.(March 2010)...       UN Call supported so far by Australia (March 2010), Czech Republic & Slovak Republic (April 2010), the United Kingdom (April 2010), the United States of America (August 2010), Canada (September 2010), Hungary (September 2010), France (September 2010), New Zealand (September 2010), The Netherland (September 2010), Ireland (September 2010) and Lithuania (September 2010)...       Global Centre for the Responsibility to Protect affirms the applicability of pillar three of the concept the need for "A timely and effective response" to the situation in Myanmar/Burma...       US and Saudi Arabia commit themselves to providing large scale aid and development skills to displaced Rohingya refugees and local communities in Bangla Desh...
   
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ADDRESSING IMPUNITY

 

This can be done in a number of ways:

  1. REFERRAL TO THE INTERNATIONAL COURT OF JUSTICE

As Burma has signed and ratified the Genocide Convention any one of the other 130 signatory nations can refer Burma to the International Court of Justice under article 9. It should be noted that this court can only offer an advisory opinion and cannot mount a criminal investigation. In addition it can only hear a charge of genocide, not a charge of crime against humanity or a violation of the Geneva Conventions.

  1. REFERRAL TO THE INTERNATIONAL CRIMINAL COURT

As Burma has not signed the Rome Statute, this can only be done by the Security Council. This is thus difficult but not impossible especially if a Commission of Enquiry is first established which would hopefully recommend a referral to the International Criminal Court.

  1. THE ESTABLISHMENT OF A SPECIAL TRIBUNAL FOR BURMA ON THE LINES ESTABLISHED FOR THE FORMER YUGOSLAVIA AND RWANDA

This is unlikely because of cost, lack of political will, and the fact that a permanent court the ICC has now been established to carry out the functions of these two Tribunals.

  1. THE APPLICATION OF UNIVERSAL JURISDICTION

The crimes of genocide, crimes against humanity and violations of the Geneva Conventions theoretically mean that a violator can be arrested and prosecuted anywhere in the world. Pressure could be brought to bear to apply this concept, though it is unlikely to be applied anywhere in Asia.

The most realistic option is to support the call for a UN Commission of enquiry as demanded by the Harvard Report Crimes in Burma 2009 and by the former UN Special Rapporteur Paolo Pinheiro.