UN says Myanmar military chiefs should face Rohingya ‘genocide’ case
A searing United Nations report on Monday called for the investigation and prosecution of Burma’s top military generals for genocide and accused Aung San Suu Kyi, the country’s civilian leader, of failing to use her “moral authority” to prevent violence against the Rohingya minority in Rakhine state.
Among the senior military leader who the report by a UN fact-finding mission believes should go on trial is Senior-General Min Aung Hlaing, the commander-in-chief. It calls for the case to be referred to the International Criminal Court in the Hague.
Investigators also concluded that the civilian government “through their acts and omissions” have “contributed to the commission of atrocity crimes.”
The investigation, coinciding with the one year anniversary of a brutal military crackdown that forced at least 700,000 Rohingya to flee rape, mass murder and the torching of their homes, sharply contradicts the Burmese army’s claims of merely responding to security challenges in states with minority populations.
It is a culmination of over a year’s worth of interviews, research and analysis by UN experts led by human rights lawyer Marzuki Darusman, and covers not only the atrocities committed against the Muslim Rohingya but also in Kachin and Shan states, home to Christian minorities.
“Military necessity would never justify killing indiscriminately, gang raping women, assaulting children, and burning entire villages. The Tatmadaw’s tactics are consistently and grossly disproportionate to actual security threats, especially in Rakhine State, but also in northern Myanmar,” the report states.
“They are shocking for the level of denial, normalcy and impunity that is attached to them. The Tatmadaw’s contempt for human life, integrity and freedom, and for international law generally, should be a cause of concern for the entire population.”
The mission investigated the military’s actions dating back to 2011 and throughout the period when the West was celebrating Aung San Suu Kyi’s election and starting to cautiously allow investment after years of military dictatorship and sanctions.
UN investigators found patterns of gross human rights violations and abuses committed in Rakhine, Kachin and Shan States that “undoubtedly amount to the gravest crimes under international law,” principally carried out by the military, known as the Tatmadaw, but also by other security agencies.
The crimes cited include murder, imprisonment, enforced disappearance, torture, rape, sexual slavery, other forms of sexual violence and enslavement.
The report, the strongest UN condemnation of the violence against Burma’s minorities to date, concludes that there is “sufficient information to warrant the investigation and prosecution of senior officials in the Tatmadaw chain of command.” The Burmese authorities did not respond to a request for comment.
The UN’s findings support multiple investigations by human rights organisations including Amnesty International and Human Rights Watch, who have already called for the trial of Burma’s top military officials for crimes against humanity base on their “orchestrated campaign of murder, rape, torture and destruction.”
Tirana Hassan, director of crisis response at Amnesty, said Monday’s report added “to a mountain of evidence of crimes under international law committed by the military, shows the urgent need for independent criminal investigation and is clear that the Myanmar authorities are incapable of bringing to justice those responsible.”
Failing to ensure justice and accountability would send “a dangerous message that Myanmar’s military will not only enjoy impunity but is free to commit such atrocities again,” she warned.
“The Fact-Finding Mission’s powerful report and clear recommendations demonstrate the obvious need for concrete steps to advance criminal justice for atrocious crimes, instead of more hollow condemnations and expressions of concern,” said Brad Adams, Asia director at Human Rights Watch.
“UN member states should step up efforts that include the urgent creation of an International, Impartial and Independent Mechanism to ensure those most responsible for grave crimes do not escape prosecution.”
Facebook, which has been repeatedly criticised for failing to do enough to counter hate speech against minorities on its website, banned Burma’s army chief and removed other pages tied to the country’s military in the wake of the UN probe.
"We are banning 20 Burmese individuals and organizations from Facebook – including Senior General Min Aung Hlaing, commander-in-chief of the armed forces," the social media giant said in a statement on its site, adding that it wants to prevent them from using the service to "further inflame ethnic and religious tensions".