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..."
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