Crimes in Burma

Description: 

Executive Summary: "Burma has been facing a grave human rights situation for years. Many of the organs of the United Nations have repeatedly denounced the ruling military regime for failing to cooperate with the international community and to take serious steps to end the ongoing grave violations of international law. In light of the seriousness of allegations concerning the destruction or displacement of more than 3,000 villages (more than the number relocated in Darfur), this report set out to review UN documentation of reports of human rights and humanitarian law violations in Burma. Specifically, the report sought to evaluate the extent to which UN institutions have knowledge of reported abuses occurring in the country that may constitute war crimes and crimes against humanity in the country. The report finds that UN bodies have indeed consistently acknowledged abuses and used legal terms associated with these international crimes, including for example that violations have been widespread, systematic, or part of a state policy. This finding necessitates more concerted UN action. In particular, despite the recognition of the existence of these violations by many UN organs, to date, the Security Council has failed to act to ensure accountability and justice. In light of more than fifteen years of condemnation from UN bodies for human rights abuses in Burma, the Security Council should institute a Commission of Inquiry to investigate grave crimes that have been committed in the country. This report evaluates Burma?s breaches in light of the Rome Statute, which provides one of the available sets of international criminal standards. Part I of the report provides a brief history of Burma. Part II summarizes the applicable international criminal law under the Rome Statute. Part III traces the discussion in UN documents of grave human rights and humanitarian violations identified as occurring in eastern Burma since 2002. In this geographic sampling, the report details forced displacement, sexual violence, extrajudicial killings, and torture, especially against ethnic nationalities though the UN documents chronicle many other severe violations as well. The recent temporal focus was chosen because it is most relevant to the Rome Statute. Part IV identifies precedents for further UN action from its response to other humanitarian crises in the former Yugoslavia, Rwanda, and Darfur. Part V presents the report?s conclusions. Findings: Findings In light of the repeated and consistent reports of widespread human rights violations in Burma outlined in UN documents, there is a prima facie case of international criminal law violations occurring that demands UN Security Council action to establish a Commission of Inquiry to investigate these grave breaches further..."

Creator/author: 

Judge Richard Goldstone (South Africa), Judge Patricia Wald (United States), Judge Pedro Nikken (Venezuela), Judge Ganzorig Gombosuren (Mongolia) and Sir Geoffrey Nice (United Kingom).

Source/publisher: 

International Human Rights Clinic @ Harvard Law School

Date of Publication: 

2009-05-21

Date of entry: 

2009-05-21

Grouping: 

  • Individual Documents

Category: 

Language: 

English

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