Myanmar's Suu Kyi to take the stand in genocide case
AFP
- Published at 10:01 am December 11th, 2019
Suu Kyi's defence of the same military that once kept her locked up has since caused international condemnation AFP
The small African state of Gambia has taken Myanmar to court over a bloody 2017 military crackdown
Aung San Suu Kyi is set to speak out in Myanmar's defence at the UN's top court on Wednesday, a day after the former democracy icon was urged to "stop the genocide" against Rohingya Muslims.
Once hailed internationally for her defiance of Myanmar's junta, the Nobel peace laureate will this time be on the side of the southeast Asian nation's military when she takes the stand at the International Court of Justice.
The small African state of Gambia has taken Myanmar to court over a bloody 2017 military crackdown in which thousands of people were killed and around 740,000 Rohingya fled to neighbouring Bangladesh.
Suu Kyi is expected to tell ICJ judges that Myanmar was conducting legitimate operations against Rohingya militants, that it has carried out its own investigations into the bloodshed and that the court has no jurisdiction in the case.
Kaamil Ahmed
✔@KaamilAhmed
Rohingya refugees gather in the camps of Bangladesh chanting “Gambia, Gambia” as the country takes its case accusing Myanmar of genocide to the International Court of Justice.
Aung San Suu Kyi will defend Myanmar herself.
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Huge crowds are expected to turn out in Yangon to watch Suu Kyi speak via livestream amid a groundswell of support in Myanmar, where the woman dubbed "The Lady" is still widely loved.
Gambian Justice Minister Abubacarr Tambadou said it would be "extremely disappointing" if Suu Kyi repeated her previous denials of wrongdoing by Myanmar.
'Stain on our conscience'
Mostly-Muslim Gambia accuses Myanmar of breaching the 1948 genocide convention and has asked the court, set up in 1946 to rule on disputes between UN member states, to take emergency measures to stop further violence.
The 74-year-old Suu Kyi sat impassively through graphic accounts of mass murder and rape on Tuesday as Gambia set out its case against Myanmar.
Tambadou, who said he was inspired to act after visiting Bangladesh in 2018, told the judges on Tuesday that the world's failure to help the Rohingya was a "stain on our collective conscience."
ICJ judges have only once before ruled that genocide was committed, in the 1995 Srebrenica massacre in Bosnia.
Kenneth Roth
✔@KenRoth
Bad enough that Aung San Suu Kyi leads the defense of Myanmar for the genocide it is accused of committing against Rohingya Muslims. She's also opposing protections for the 500,000 Rohingya who remain in Myanmar, effectively greenlighting more atrocities.
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The Gambia's lawyers sought to tie Suu Kyi directly into the case.
They said the appearance of huge billboards across Myanmar in recent weeks featuring pictures of Suu Kyi with three smiling generals showed she was "in it together" with the army, whose half century in power was characterised by brutal civil conflicts, biting poverty and isolation.
Suu Kyi's decision to personally lead her country's case at the court has proved popular at home, where the Rohingya are widely regarded as illegal immigrants.
Flag-waving supporters joined rallies in support of Suu Kyi in several Myanmar cities on Tuesday and rally organizers in Yangon told AFP they have permission from authorities to live stream Wednesday's ICJ hearing on a big screen outside the City Hall.
US sanctions
The United States stiffened sanctions against Myanmar's army chief Min Aung Hlaing and three other senior commanders on Tuesday over the killings of Rohingya, to mark International Human Rights Day.
"The United States will not tolerate torture, kidnapping, sexual violence, murder or brutality against innocent civilians," Treasury Secretary Steven Mnuchin said in a statement.
Frontier Myanmar
✔@FrontierMM
Aung San Suu Kyi is set to speak out in Myanmar's defence at the UN's top court today, a day after the former democracy icon was urged to "stop the genocide" against Rohingya Muslims.
https://frontiermyanmar.net/en/aung-san-suu-kyi-to-take-the-stand-in-genocide-case …
Aung San Suu Kyi to take the stand in genocide case
Daw Aung San Suu Kyi is set to speak out in Myanmar's defence at the UN's top court today, a day after she was urged to "stop the genocide" against Rohingya Muslims.
frontiermyanmar.net
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Aung San Suu Kyi was once mentioned in the same breath as Nelson Mandela and Mahatma Gandhi, having won the Nobel in 1991 for her resistance to Myanmar's brutal junta.
After 15 years under house arrest she was freed in 2010 and led her party to victory in elections in 2015.
But her defence of the same military that once kept her locked up has since caused international condemnation.
Myanmar meanwhile faces a number of legal challenges over the fate of the Rohingya, including a probe by the International Criminal Court -- a separate war crimes tribunal in The Hague -- and a lawsuit in Argentina personally mentioning Suu Kyi.
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Rohingya call for Suu Kyi to acknowledge atrocities
AFP
- Published at 05:44 pm December 10th, 2019
Rohingya survivors stand outside the International Court of Justice (ICJ) in The Hague, Netherlands on December 10, 2019 Reuters
The case brought by the tiny west African nation of Gambia is the first international legal attempt to bring Myanmar to justice over the crisis
From squalid refugee camps in Bangladesh, Rohingya who fled a brutal Myanmar military crackdown are calling on Aung San Suu Kyi to acknowledge the mass atrocities as she defends her country against genocide charges at the UN's top court.
The Nobel peace laureate arrived on Tuesday at the International Court of Justice in The Hague to lead the defence against claims brought by the Gambia that Myanmar's military tried to systematically wipe out the Rohingya minority in 2017.
The violence sparked a mass exodus of some 740,000 Rohingya to refugee settlements in Bangladesh border towns, where survivors are still haunted by the rape and murder of loved ones by soldiers and vigilante mobs.
"Suu Kyi cannot deny anything. The international community must listen to our voice because we are the real victims," Sayed Ulla, a Rohingya leader, told AFP at one of the camps.
"I want to see the convicts go to the gallows. They killed us mercilessly. I won't get back my family," added widow Saida Khatun, who witnessed her parents, husband and three children being slaughtered.
"Only seeing them perpetrators being punished for their deeds will make me happy."
Widow Dildar Begum told AFP her village of Tula Toli was razed and two of her children killed.
Revealing scars she said were caused by soldiers smashing her head with boots and rifle butts after raping her, Begum recalled how her husband and two sons, aged one and five, were hacked to pieces.
"I still can hear my sons' voices in my dreams cursing me as I failed to save them," the 35-year-old said, breaking down in tears.
UN investigators have concluded that the 2017 violence amounted to genocide, with Doctors Without Borders (MSF) estimating that at least 6,700 Rohingya were killed in the first month of the crackdown alone.
The case brought by the tiny west African nation of Gambia is the first international legal attempt to bring Myanmar to justice over the crisis.
The Gambia, acting on behalf of the 57-nation Organization of Islamic Cooperation, on Tuesday will ask the ICJ to take emergency measures to halt Myanmar's "ongoing genocidal actions" against the Rohingya.
Myanmar's military has insisted its crackdown was needed to root out Rohingya militants who attacked border police posts in 2017.
Suu Kyi has kept silent over the plight of the minority and defended the same generals who once kept her under house arrest for 15 years.
The hearing comes amid growing impatience in Dhaka over the presence of the refugees, who now number nearly one million, after two failed attempts to voluntarily repatriate them back to Myanmar's Rakhine state.
Ahead of Suu Kyi's ICJ appearance, hundreds of refugees gathered at one of the camps on Tuesday morning, chanting "Gambia, Gambia" and raising their fists.
"We prayed and chanted slogans for Gambia for filing the case against Myanmar," one refugee, who asked to remain anonymous, told AFP after the rally.
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Dr Yunus, 7 other Nobel peace laureates: Suu Kyi must be held criminally accountable at ICJ
Tribune Desk
- Published at 11:26 am December 10th, 2019
Myanmar's State Counsellor Aung San Suu Kyi attends the 10th Asean-UN Summit in Bangkok on November 3, 2019 AFP
They called on Suu Kyi to publicly acknowledge at ICJ the crimes committed against the Rohingyas
Eight Nobel peace laureates including Dr Muhammad Yunus have demanded that Aung San Suu Kyi,
Myanmar's state counsellor and its de facto president, must be held criminally accountable, along with her army commanders, for crimes committed against the Rohingyas.
They called on Suu Kyi, also a Nobel Peace Prize recipient, to publicly acknowledge the crimes, including genocide, committed against the Rohingyas at the
International Court of Justice (ICJ), Nobel Women's Initiative reported on Monday.
"We are deeply concerned that instead of condemning these crimes, Aung San Suu Kyi is actively denying that these atrocities even occurred."
Also Read-
Myanmar faces the music
The west African country Gambia filed a lawsuit in November 2019 with the ICJ -- the United Nations' highest court -- over the atrocities, accusing Myanmar of breaching the 1948 Genocide Convention.
Myanmar's civilian leader Suu Kyi will appear before the court on Tuesday as the Buddhist state disputes claims that it tried to exterminate the minority Rohingya Muslims in a 2017 military crackdown.
The Nobel peace laureates commended the Gambia for taking step to hold Myanmar responsible for the genocide and advancing justice for the victims of these crimes.
They said: "As people of peace, we urge Aung San Suu Kyi to address the systematic discrimination of the Rohingya in Rakhine State, and ensure the Rohingya's right to nationality, land ownership, freedom of movement, and other fundamental rights."
"We also urge her to exercise her personal and moral responsibility towards the Rohingya and acknowledge and condemn the genocide committed under her watch."
File photo of Rohingya women and children in a camp in Cox Bazar | Mahmud Hossain Opu/ Dhaka Tribune
The eight Nobel Peace Laureates are -- Shirin Ebadi, (2003) – Iran; Leymah Gbowee, (2011) – Liberia; Tawakkol Karman, (2011) – Yemen; Mairead Maguire, (1976) – Northern Ireland; Rigoberta Menchú Tum, (1992) – Guatemala; Jody Williams, (1997) – USA; Kailash Satyarthi, (2014) – India and Dr Muhammad Yunus, (2006) — Bangladesh.
In February 2018, Shirin Ebadi, Tawakkol Karman, and Mairead Maguire visited the Rohingya camps in Cox's Bazar.
They spent time with and listened to the stories of over 100 women refugees. After hearing testimonies describing how security forces burned villages, tortured, killed and systematically raped women and girls -- as well as reports from humanitarian organizations and UN officials -- the laureates concluded that the attacks on the Rohingyas in Rakhine State amounted to crimes against humanity and genocide.
Bangladesh is hosting over 1.1 million Rohingya refugees, most of whom entered Cox's Bazar from August 25, 2017, amid a military crackdown on the Rohingyas in Rakhine.
Not a single Rohingya was repatriated over the last two years due to Myanmar's "failure" to build confidence among the Rohingya and a conducive environment in Rakhine.
Bangladesh has so far handed over names of over one lakh Rohingyas to Myanmar authorities for verification and to subsequently expedite their repatriation efforts, but Myanmar is yet to take back its nationals from Bangladesh, according to the Ministry of Foreign Affairs in Dhaka.
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Aung San Suu Kyi: I know nothing
Shafiur Rahman
- Published at 01:18 am December 9th, 2019
FIle photo: Myanmar's State Counsellor Aung San Suu Kyi attends the joint news conference of the Japan-Mekong Summit Meeting at the Akasaka Palace State Guest House in Tokyo, Japan October 9, 2018 Reuters
Aung San Suu Kyi, Myanmar’s state counsellor, once said: “Some people have been saying that I know nothing of Burmese politics. The trouble is that I know too much.” Those words were uttered in another era when Aung San Suu Kyi was the focal point of democratic efforts in Myanmar. Now, three decades later, Aung San Suu Kyi claims to know nothing about the alleged ongoing genocide in her country. Such is her assuredness that she has decided to lead the delegation to the International Court of Justice (ICJ) in defence of Myanmar in a landmark case, brought by Gambia, which alleges that Myanmar has been violating the Genocide Convention. DhakaTribune asked some of the world’s foremost experts and also Rohingya activists on what they think about Aung San Suu Ky’s decision to go to The Hague.
Professor Penny Green, Queen Mary University of London, one of the first academics to analyze the Rohingya crisis as one of genocide.
Aung San Suu Kyi will go to the Hague to defend her political class and Myanmar’s generals against the charge of genocide with a well-rehearsed repertoire of denial. And in denial, both material and rhetorical, she is particularly well practiced. Since her rise to power she has denied the right of Rohingya to self-identify, she has denied them the most basic human rights, she has denied that they are held in concentration camps in Rakhine state at the same time as denying them adequate food, health care, freedom of movement and access to livelihood in those very camps. When the military launched its final assault on the Rohingya in Northern Rakhine State in 2016-17 Aung San Suu Kyi was quick to deny well proven accusations of mass killings and mass rape.
And she defended the military in their denial of the worst human right violations imaginable. The Hague will provide yet another forum for genocide denial. Her leadership of Myanmar’s delegation is a clear illustration of the intimate relationship she and her government have with the military. They have spoken with one voice and acted with one barbarous intention – to eliminate the Rohingya from Myanmar soil, polity and history. Claims that Suu Kyi had no alternative but to acquiesce in the face of Tatmadaw (official name of the Armed Forces of Myanmar) power hold no water given her record of human rights violations, while her decision to lead Myanmar’s defence of its indefensible brutality at the ICJ demonstrates her iron-clad complicity and belief in the crimes that she and her co-conspirators perpetrated. The evidence is incontrovertible, Aung San Suu Kyi is a genocidaire who both supported, assisted in engineering and participated in the coordinated destruction of the Myanmar Rohingya people.
Laetitia van den Assum, Dutch diplomat and former member of Kofi Annan’s Advisory Commission on Rakhine State, Myanmar.
First of all, I think it is good that Myanmar is engaging with Gambia and the ICJ. And it is not at all unusual that foreign ministers lead missions to the Court. Remember, for example, Thailand v. Cambodia about a border dispute which related to the ancient Preah Vihear temple a few years ago.
What is different though, is that in this case the Court is asked to establish whether or not the state of Myanmar can be held accountable for genocide, the crime of crimes. And even though the case is not about individual criminal responsibility but about state responsibility, the person who has been the de facto head of government since early 2016 will come into strong focus.
Of course, Myanmar has the right to obtain the best international law experts it can find. I hope that the Myanmar team will listen to them and that a sound legal strategy is developed. The political arguments we continue to hear may satisfy a domestic audience but not the court
More generally, the three legal cases (International Criminal Court, International Court of Justice and the Universal Jurisdiction case in Argentina) are welcome if they can halt impunity and obtain justice for the Rohingya. But accountability is only one element of a much broader strategy to achieve peace, stability, justice and development for all who call Rakhine state their home. Security sector reform, judiciary reform as well as ensuring the equality of all before the law should be part of the mix. At present they are not.
Professor John Packer, Neuberger-Jesin Professor of International Conflict Resolution at the Faculty of Law, University of Ottawa.
The appearance of Aung San Suu Kyi leading the defence in The Hague is certainly striking - unusual to say the least for a Head of Government and even Foreign Minister to appear, especially without legal education or training. This indicates it is almost entirely about politics... and likely more about the domestic effect in Myanmar where she may enhance her position in "defending the nation". But internationally her participation has raised considerably attention to the case, and inescapably adds legitimacy to the process which can hardly later be condemned. In addition, the Lady's choice to lead the defence erases the idea of a bright red line between her and the civilian Government, on the one hand, and the Tatmadaw and security forces on the other hand: before the Court, they are one and the same. And the exercise of her choice indicates either concurrence with the attributed actions (and shared responsibility) or an extraordinary absence of judgement (or both).
Wai Wai Nu, Rohingya lawyer and activist.
At the age of 18, she and her family were imprisoned by Myanmar authorities for seven years. She is currently a visiting scholar at Columbia University and also runs the Women’s Peace Network in Myanmar.
Aung San Suu Kyi is receiving increasing public support as she might have calculated. However, her decision has also created a severe division among the people. She would do well to remember that at the end of the day, the public will come to realize the truth, and then the people of Myanmar will blame her. Internationally, she will be losing more credibility for her continuous denial and defence of the military. Things are much more serious than she is assuming. Many actors, including UN Independent Investigative Mechanism for Myanmar, are monitoring all her and her government’s actions.
Mark Farmaner, director of Burma Campaign UK. He campaigned for the release of Aung San Suu Kyi. In 2012, he personally discussed Rohingya issues with her.
At the end of the day the only beneficiary will be the military. They can sit back and watch Aung San Suu Kyi, whom they see as one of their greatest threats, having her reputation with the international community and ethnic people in Burma even further damaged defending the Tatmadaw’s crimes. The real problem with Aung San Suu Kyi is not just that she defends the actions of the military. As leader of the civilian government she is also pursuing racist genocidal policies against the Rohingya denying them rights, access to education, food, and healthcare. Her policies are killing people on a weekly basis.
Politically this case is a good opportunity for her. Ahead of an election year she can play the nationalist card defending the country against foreign attacks, and by defending the military she can use this in her attempts to try to win round the military into accepting democratic reforms. One motivation is that Aung San Suu Kyi genuinely does not believe that genocide is being committed. Like many people in Burma, she seems to believe that, as they think, Rohingya are illegal immigrants and therefore human rights violations against them don't count. They are less than human.
Even before the Rohingya issue came to the fore, Aung San Suu Kyi has always opposed international justice mechanisms. She calls it revenge rather than justice.
Sareta Ashraph, International criminal lawyer working on accountability for ISIS genocidal crimes against the Yazidis.
Aung San Suu Kyi’s role in the proceedings - an agent - is a specific one. While the agent has the same rights and obligations as a solicitor in a national court, she or he also serves, effectively, as the head of a special diplomatic mission with powers to commit a sovereign State. For Aung San Suu Kyi, her decision to act as Myanmar’s agent in the ICJ hearings is significant. The Gambia alleges that Myanmar has violated the Genocide Convention as a result of its campaign of killing, sexual violence and other atrocities against Myanmar’s Rohingya Muslim community. Aung San Suu Kyi consistent refusal to criticise Myanmar’s army for its attacks on the Rohingya has been described as “a sustained exercise in moral equivalence.” As she rises to her feet before the Court, any lingering hopes one may have for this former human rights icon and winner of the Nobel Peace Prize are likely to be extinguished.
Dr Hla Kyaw Khubybe is a Rohingya and chairman of the European Rohingya Council. He is based in the Netherlands and will be organizing demonstrations against Aung San Suu Kyi.
There are two big reasons behind Aung San Suu Kyi's intention to lead the Myanmar delegation, I believe. Firstly, she still believes that her popularity in the West is still present to some extent. Therefore, she might think that her presence could influence the ICJ process to an extent. She might also believe that her words of denials of genocidal crimes committed by the military and other governmental institutions under her watch would be taken as the truth. As a con artist with a Nobel prize, she excels in lying and denying empirical truths concerning her government and military and the heinous crimes they committed against our people.
Secondly, she is preparing for the upcoming election. Due to her incompetence and failure to bring Myanmar forward, her popularity is gradually fading away in Myanmar. However, ICJ case is bringing Burmese people out in support of her. She is mobilizing Burmese nationalism in order to stay in power.