People’s Tribunal indicts Myanmar leaders for genocide, war crimes

Judges preside over the People’s Tribunal on Myanmar in London. Photo: Twitter / Tun Khin
Judges preside over the People’s Tribunal on Myanmar in London. Photo: Twitter / Tun Khin

Viewers tuned in from around the world on March 6 and 7 to bear witness to the Peoples’ Tribunal on Myanmar, which concluded with indictments against the leaders of the Myanmar government for genocide against the Rohingya and war crimes against Kachin communities.

The Rome-based Permanent People’s Tribunal is an opinion court that is “competent to give judgements on any international crime, specifically on crimes against peace and humanity, genocide, any infringement of the fundamental rights of peoples and minorities, grave and systematic violations of the rights and freedoms of individuals.”

The Myanmar tribunal was held in London at the Queen Mary Law School-International State Crime Initiative (ISCI).

The judges were Daniel Feierstein, former president of the International Association of Genocide Scholars; Denis Halliday, former assistant secretary of the United Nations and winner of Gandhi International Peace Award in 2003; and Helen Jarvis, former public affairs officer at the Khmer Rouge Tribunal.

The three judges heard allegations submitted by members of both groups and received oral testimony from witnesses and experts, as well as video and written documentation from victims.

Witnesses argued that the Myanmar government was guilty of:

  1. Identity framing by exclusion – the process of creating Myanmar as a single Burman Buddhist entity, transforming it from a fluid pluralistic society that historically embraced different ethnicities, nationalities, religions and ideologies;
  2. War crimes and crimes against humanity against the Kachin group, with particular reference to the escalation since the end of the ceasefire in 2011, recently involving artillery and aerial bombardment, during which time over 10 percent of the population has been internally displaced;
  3. Crimes against humanity and genocide against the Rohingya group with particular reference to three different periods: the Dragon King Operation in 1978; renewed violence escalating since 2012 (as testified in detail in a series of deposition by refugees in Malaysia); and the extreme collective punishment of the entire group since 9 October 2016. As a result of these policies and practices, the Rohingya population in Myanmar has been halved in less than 40 years.

Here’s some of the testimony that led to the indictment:

This short film containing harrowing testimony by Rohingya women was shown at the Tribunal:

A team of lawyers from the Malaysia-based Center for Human Rights Advocacy and Research (CENTHRA) appeared as expert witnesses and presented the testimonies of 35 Rohingya who were interviewed in Malaysia.

No representative from the Myanmar government showed up to present a defense.

Following the testimonies, the judges weighed in. Denis Halliday raised the issue of the US, China, the IMF and major corporations being complicit in Myanmar’s atrocities.

Daniel Feierstein argued for the importance of ASEAN in addressing Myanmar’s human rights abuses. He said the next session of the tribunal may be held in Malaysia.

The indictment will soon be presented to the Myanmar government.

While the Permanent People’s Tribunal has no jurisdiction (outside “universal jurisdiction“) and no enforcement power, General Secretary Gianni Tognoni argued that the tribunal has played an important role in giving visibility to atrocities that have been neglected by the international community and the media.

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