- https://www.dhakatribune.com/opinion/op-ed/2020/01/23/gambia-vs-myanmar-at-the-icj-what-to-expect-going-forward
- The Rohingya crisis now drags on through the third year after a brutal crackdown by Myanmar security forces starting August 25, 2017. It resulted in the displacement of over 700,000 people.
- The wheels of international justice have slowly begun to turn in response to the atrocities committed against the Rohingya.
- A number of announcements from international justice actors in late 2019 indicate that progress will continue throughout 2020.
- At the International Conclave on Justice and Accountability for Rohingya hosted by Centre for Peace and Justice, Brac University (CPJ) in The Hague, The Netherlands on October 18, 2019, Gambian Justice Minister Abubacarr Marie Tambadou announced to the world that he had instructed his office to file genocide charges against Myanmar at the International Court of Justice.
- Then, in November, the judges of the International Criminal Court announced that they had authorized a full investigation into whether Myanmar committed the crime against humanity of deportation.
- And in December, a case accusing Myanmar of genocide and crimes against humanity was filed by leading Rohingya activist Tun Khin in domestic court in Argentina. This case was filed under the principle of universal jurisdiction, on the basis of which international crimes can be prosecuted outside of the country in which they were committed.
- Of all these developments, the ICJ proceedings moved forward the most quickly as Gambia petitioned the court to order that Myanmar implement a set of provisional measures to prevent any further genocidal acts from occurring.
- Because it takes several years for a case to wind its way fully through the ICJ process, provisional measures are an initial step by which the responded state must take immediate action in regard to the alleged violation.
- Provisional measures are granted when the court determines that there is at least a possibility that violations of international law are ongoing and recognizes that immediate action is needed to prevent the alleged crime from continuing.
- The international community watched closely as legal counsel for Gambia and Myanmar argued their cases for and against the preliminary measures over three days, from December 10 to 12, 2019.
- Each side gave its arguments, with Aung San Suu Kyi representing Myanmar alongside a team of international legal counsel led by genocide scholar William Schabas.
- The willingness of Nobel Peace Laureate Suu Kyi’s to lead the Myanmar team caused international uproar and was seen by many as a heartless political manoeuvre, designed to paint the case as an impingement on Myanmar’s sovereignty in advance of elections slated for later this year.
- Myanmar’s main arguments were based on a mix of outright denial, the claim that Gambia was being influenced by the OIC to pursue the case, and that Myanmar’s domestic and military justice mechanisms were capable of resolving the issue.
- Gambia presented an overview of extensive documentation of the long-standing persecution of the Rohingya and the genocidal acts committed against them, including mass killings and sexual violence.
- Ultimately, the ICJ judges found Gambia’s argument more compelling. Asserting its power to try the case and noting Myanmar’s obligation to comply with the 1948 Genocide Convention, the judges unanimously granted four provisional measures.
- First and foremost, Myanmar has been ordered to take all steps within its power to prevent acts that contribute to the crime of genocide as specified under Article 2 of the Genocide Convention.
- Second, Myanmar must ensure that its military, as well as any paramilitary or irregular armed units, do not commit the above acts either.
- Third, Myanmar must preserve all evidence, such as mass graves, village sites and all other sites and items that will need to be reviewed during future investigations.
- Finally, Myanmar as well as Gambia must report back to the court within four months that it has complied with the measures. As long as the case is open, Myanmar must continue to report its compliance with the provisional measures every six months.
- The provisional measures are technically binding; if Myanmar fails or refuses to comply, the matter will be referred to the UN Security Council.
- In the absence of a straightforward enforcement mechanism, it remains to be seen if -- and the extent to which -- Myanmar will comply with the measures, and what can be done if they do not.
- While Myanmar will face tremendous pressure to follow the provisional measures, the Security Council members to which the matter will be referred include China and Russia, which have both taken stances against international accountability measures.
- Ultimately, the ICJ’s announcement marked a tremendous step forward for the Rohingya and signified the first semblance of justice for their plight.
- Refugees in the camps of Cox’s Bazar are celebrating and hoping the measures bring quick protection to their loved ones remaining in Rakhine State.
- Manzoor Hasan is Executive Director and Jessica Olney is Visiting Researcher, Centre for Peace and Justice, Brac University. The views and opinions expressed in this article are those of the authors and do not necessarily reflect the position of Brac University.
Pages
- Home
- Drug Abuse and Illicit Trafficking have always har...
- Arakanese History
- City Elder Is Thrown Into Cell Of The Jail
- Myanmar still practicing their colonization in Ara...
- Poor Local Arakanese Farmers Still Have Not Receiv...
- Toxic waste of oil found in Arakan coast , western...
- The depletion of rice stocks in Arakan
Thursday, 23 January 2020
The ICJ announcement marks a tremendous step forward for the Rohingya
Sunday, 12 January 2020
Myanmar Army kills Arakanese ten month old boy
Arakanese
mother of a ten month old boy told local media that her son was shot dead by
Myanmar
soldiers on January 11, 2020 while her family was fleeing from Nyaung Kan village
of Myebon Township to Paw Taung village of Mrauk U Township by small motor
boat.
The poor
Arakanese mother along with almost all villagers and her husband and her son desperately
had to flee when Myanmar soldiers shelled on their village by supersonic jet
fighters after clashes with Arakan Army.
By the time
poor Arakanese mother with her husband and son approached Oun Taw village of Minbra
Township, Myanmar soldiers, from the small river bank, indiscriminately opened
fire them. One of bullet went through her ten month old baby boy from back to
belly causing to protrude intestine. Even if the couple waved their big and round
hats - made of thatch - from motor boat at Myanmar soldiers to recognize them as
an innocent family and villagers, Myanmar soldiers shot at them indiscriminately.
As soon as ten
month old baby boy was unfortunately shot by Myanmar soldiers, the couple
rush out of scene
to nearby medical central but the boy was killed instantly. It is learn
that Myanmar Army is killing Arakanese people including children and women
almost everyday in the
lost Arakan to Myanmar( western Myanmar) after Myanmar leader Aung San Suu Kyi directed
her notorious and barbarous Myanmar Army ‘s chief Min Aung Haling to launch
military operation
against the Arakan Army – which is given birth to free Arakan from Myanmar by
Arakanese people – one year ago.
Now, Myanmar
Army has been launching military operation against the Arakan Army for over one
year. During the period of over one year, 180 people were killed by Myanmar
Army and injured 260 and over 500 arrested so far.
Tuesday, 31 December 2019
Myanmar air force bombs position of Arakan Army
to launch
military operation against the Arakan Army in the lost Arakan to Myanmar(
western Myanmar),
than Myanmar Army started to kill Arakanese people by shooting, beheading and committing
arson.
Since then, there
were over 180 people who were killed by Myanmar Army and injured 260 and over
500 arrested so far in Arakan. Moreover, over 100,000 Arakanese people were forced
to be Internally Displaced Persons. These IDPs are taking refuge at IDP camps
without sufficient food, shelter
and cloth.
The reason
why IDPs face insufficient food, shelter and cloth is that Myanmar Army and
Government are blocking all donors and organizations to access therefore donors
and organizations cannot approach IDP camps to assist IDPs.
Meanwhile,
Myanmar Army is still launching its offensive military attacks against the
Arakan Army without care of children and without care of women, shooting into
villages, killing and arresting villagers everyday.
On the eve of Xmas and New Year, Myanmar
air force‘s three helicopters and supersonic jet fighters strafed rockets and bombs position of Arakan
Army on the mountain in Buthitaung Township in Arakan. So, villagers are just
to flee from their villages to nearby places, rising number of Internally
Displaced Persons up to over 100,000 across the Northern Arakan.
Wednesday, 18 December 2019
Aung San Suu Kyi lets her Army to kill Arakanese people
village of oppressed
Arakanese people in northern Arakan(western Myanmar) while
Myanmar or
Burmese were standing with Aung San Suu Kyi who defended Myanmar’s
genocide
before the International Court of Justice.
Myanmar Army
killed five Arakanese people and hurt 19 others between December 8 and December 14, 2019 and
abducted 10 Arakanese people.
Now, the offensive
attacks against the Arakan Army launched by Myanmar Army in Arakan(western
Myanmar) had been over one year. During the period of over one year, after
Myanmar’s stained leader Aung
San Suu Kyi called for her war criminal Myanmar
Army to launch operation against the
Arakan Army in northern Arakan, her barbarous
killer Myanmar Army killed 190 Arakanese
people and injured 270 and 470 arrested so far.
Moreover,
there are over 100,000 Internally Displaced Persons across the northern Arakan
without sufficient shelters and food and Myanmar government is still blocking humanitarian
aid. So, IDPs cannot be provided help by
organizations. Consequently and as a result, IDPs are suffering
from many kinds of difficulties .
Monday, 9 December 2019
Myanmar is still killing weaker Arakanese people
After Myanmar’s
leader Aung San Suu Kyi landed The Netherlands to confront Gambia – which filed Rohingya
genocide case against Myanmar at International Court of Justice in The Hague –
Myanmar Army
is still committing crimes against the weaker Arakanese people in western
Myanmar. Just before Aung San Suu Kyi left for International Court of Justice,
her war criminal
Myanmar Army
murdered Arakanese boy who was a grade three student. When the boy returned from
school, stationary Myanmar troop near the his village shot him five times in
his abdomen.
At the same time, village elder men were kicked on head and
chest with military
Youths from his village were also pounded with
butt of gun and were inserted with muzzle of gun on chest. When Myanmar
Army left village on the same day, they abducted five villagers away with them. The
family members of abductees were also in lament. No Myanmar Officer holds
accountable and responsible.
Sunday, 24 November 2019
Despite of Gambia’s Lawsuit Against Myanmar, Ethnic Cleansing Campaign Persisting in Rakhine
Sittway. 24 Nov. 2019
|
Myanmar army has arrested 45 villagers, killed 2 men, and wounded 5 in Rakhine State between November 11 and 22. The massive arrest of civilians happened 10 days after Gambia filed Rohingya genocide case against Myanmar at International Court of Justice (ICJ).
Myanmar government responded Gambia Aung San Suu Kyi would defend the case.
Analysists warn she is part of the problem because she previously denied all accounts of UN and cooperation. Therefore, her representation at the ICJ is not very much helpful.
The behavior of Myanmar leaders does not change any respect of human rights and prevention of further violation of international humanitarian laws. Their habit of blanket denial and cruel attitude toward other races and religions is main factors of crimes against humanity.
Wednesday, 13 November 2019
To live or exist on the earth
the lost
Arakan to Myanmar nowadays, Arakanese
people including pregnant women and children are being subjected to kill by
Myanmar soldiers. Moreover, religious monks were also taken away without
letting people to know whereabouts them by infidel Myanmar soldiers.
On November
10, at 9 AM, in Myebon Township, Arakan (western Myanmar), there
were
traveling to sell their shoal of fish by small boat.
From the bank
of river, Myanmar soldiers shot at them. Poor pregnant woman named
U khin Than,
32 and her husband U Maung Hla Aye were hit bullets from gunshots.
Unfortunately,
poor Arakanese pregnant woman was killed while bullet went through the
left breast
of her and came out of her back. Meanwhile, another bullet perforated her
husband’s thigh.
Two months
ago, a religious monk and two people were taken away by Myanmar soldiers
in Arakanese
ancient city of Mrauk U. Nobody could
know whereabouts of Monk and two men.When family
members approached a puppet local government to let them know whereabouts of
monk and two men, chief minister U Nyi Pu falsified that they were in good
health and detained. So, people started to believe after two months that monk
and two men were killed.
So far as I know,
during the period of almost one year, after Myanmar leader Aung San Suu Kyi instructed
her barbarous Myanmar Army to crush Arakan Army in the lost Arakan to
Myanmar(western Myanmar) , there are 180 Arakanese people who are killed by
Myanmar soldiers and injured 250 and 440 arrested so far.
Arakanese
people and its beloved Arakan Army must overcome this barbarous Myanmar Army so
that circumstance of current the lost Arakan
to Myanmar will sustain Arakanese people to live or exist on the earth.
Tuesday, 22 October 2019
Wednesday, 16 October 2019
Myanmar which is hermaphrodite
lost Arakan
to Myanmar( western Myanmar) currently by killing, persecuting and shooting
Arakanese
people.
As carnivorous animals do not need to consume any vitamins which are found
just only in vegetables, Myanmar Army does not need to care human rights and any international
laws before and after killing weaker Arakanese people. So, I guess that Myanmar Army is very much dangerous
carnivore for humanity.
On the other
hand, together Myanmar Army and Myanmar government are similar
to earth worms.
As earth worms’ mating cause one worm to
the other to store sperms in sacs and form cocoons
on each of them and also deposit eggs in the cocoons of both of them, Myanmar Army
and Myanmar government are hermaphrodite. They intercourse at a time with the
same feeling and both of them lay eggs. That is to say that whenever Myanmar
Army kills
our innocent Arakanese people, there are also Myanmar government’s fingerprints on corpses of our poor Arakanese people.
Tuesday, 1 October 2019
Rising number of refugees face food shortage in Arakan
In the lost
Arakan - especially in northern Arakan - to Myanmar, there are Internally Displaced
Person Camps due to Myanmar Army’s offensive military operation against the Arakan
Army nowadays. Most of those IDP camps are running out of food because regional
Arakan State Government intentionally reduces to provide and blocks all donors and
organizations to access IDP camps without permission.
Therefore,
donors and organizations are unable to go IDP camps to provide IDPs in the
camps.
Moreover, most of organizations do not have funds to assist over the long term.
On the other
hand, Myanmar Army is still launching its offensive attacks against the Arakan
Army everyday without care of the children and without care of the women,
shooting into villages, arresting and killing Arakanese villagers.
So, villagers
are to flee from their villages to nearby IDP camps after every offensive
attack
launched by
Myanmar Army, rising number of IDPs up to 70,000 across the 61 refugee
camps in
Northern Arakan.
Subscribe to:
Posts (Atom)
Mizoram starts lifting FCI rice for distribution among 40,000 refugees, displaced
Aizawl: Mizoram food, civil supplies & consumer affairs (FCS&CA) dept has started lifting FCI rice for distribution among 40,000 r...
-
Forgotten by world's leaders, northern Rakhine or Arakan has been without electricity, internet, and medical care for decades. Thousan...
-
Htay Win Kyin wrestling is favorite sports of the Rakhine National people since ancient time. Kyin wrestling, being a kind of natio...