She used to be a democracy icon. This week, she'll defend her country in court against genocide accusations
(CNN)She was a global human rights and democracy icon,
a Nobel Peace Prize winner and a political prisoner who spent 15 years
under house arrest. But this week, Myanmar's Aung San Suu Kyi will personally defend her country from accusations of genocide against the Rohingya community at the United Nation's top court.
The
momentous legal case, which kicks off with three days of hearings
Tuesday, will see Myanmar's civilian leader Suu Kyi lead a delegation to
the International Court of Justice (ICJ) at the Peace Palace in the
Netherlands to justify her government's persecution of the Muslim minority.
It's a shocking turn of events for a leader once internationally renowned for her long struggle against military rule.
Over
the next three days, Suu Kyi will defend the Myanmar military's
campaign of violence that forced more than 740,000 Rohingya to flee into
neighboring Bangladesh in 2016 and 2017. The atrocities have been described as genocide by a UN fact-finding commission but Myanmar denies the charges and has long claimed to have been targeting terrorists.
The tiny West African nation of Gambia filed a lawsuit with
the world court in November alleging that Myanmar, also known as Burma,
committed "genocidal acts" that "were intended to destroy the Rohingya
as a group" through mass murder, rape, and destruction of communities.
On
Tuesday, Gambia will ask the 15-judge court to compel the Myanmar
government and military to end all acts that amount to or contribute to
genocide, and to stop Myanmar from destroying evidence relating to the
case.
As proceedings began Suu Kyi
could be seen sitting inside the ICJ courtroom, though she won't address
the court until Wednesday.
Based in The Hague, the 15 judges of the ICJ are tasked in part with settling legal disputes between states.
While
its rulings are final and binding, the court doesn't have the power to
enforce its decisions. Its orders, however, are sent to the UN Security
Council, which could decide to enact a resolution or take other concrete
measures.
"This is highly
significant," said Matt Smith, co-founder and CEO of Fortify Rights.
"Myanmar has to defend its behavior, its attempts to destroy the
Rohingya, at the world court. Rohingya have been waiting for this day
for a very long time."
An unprecedented case
This is the first international legal attempt to hold Myanmar accountable for the Rohingya crisis.
Gambia's
attorney general and justice minister Abubacarr Marie Tambadou is
leading the case, which is brought with the backing of the 57-member
Organization for Islamic Cooperation (OIC).
It
may seem odd that a small Muslim-majority African nation is bringing a
genocide case against Myanmar -- it's the first the ICJ has heard where a
state is suing another over an issue it is not directly involved with.
But Tambadou spent years prosecuting cases at the UN tribunal set up for the 1994 Rwanda genocide.
This week, the ICJ won't be deciding the central genocide allegations, which could take years to reach a final ruling.
Instead,
the court will be asked to impose "provisional measures" on Myanmar,
which would act as a kind of injunction while the main genocide case
gets underway. Gambia wants the ICJ to rule on stopping Myanmar from
committing any ongoing atrocities and to preserve evidence relating to
the case. It could take just weeks for a decision.
Myanmar
has given few details as to what its defense will be, though it
maintains the "clearance operations" by the military in Rakhine were
legitimate counter terrorism measures and has denied allegations of
brutality.
Ahead of the hearings, Suu Kyi's State Counselor wrote on Facebook
that Myanmar has "retained prominent international lawyers to contest
the case" and that Suu Kyi is traveling to the Hague to "defend the
national interest of Myanmar at the ICJ."
In
its filing, Gambia argued that Myanmar's actions against the Rohingya
violate the 1948 Genocide Convention, which both states are parties to.
Gambia's argument is based on the UN Fact-Finding Mission's 2018 and 2019 reports that extensively detail
atrocities carried out by the Myanmar military against Rohingya
Muslims, and calls for the country's generals to face an international
tribunal on charges of genocide.
The
mission concluded that coordinated attacks and sexual violence against
the Rohingya in Myanmar's western Rakhine state were pre-planned by
senior military leaders "to weaken the social cohesion of the Rohingya
community and contribute to the destruction of the Rohingya as a group
and the breakdown of the Rohingya way of life."
It
details horrific accounts from survivors who spoke of gang-rape,
mutilation, torture, mass killings, families being burnt alive in
houses, and large-scale destruction of property.
International aid and children's agencies have urged the ICJ to move forward with the case.
"This
week's hearings at the International Court of Justice is a landmark
moment in the quest for justice for some of the most shocking atrocities
of our times," Michael McGrath, Save the Children's Director for
Myanmar, Sri Lanka and Thailand, said in a statement.
"It's
high time Rohingya refugee children and their families get their day in
court. They saw their parents being killed, babies thrown into fires,
their homes set alight and young girls gang-raped. We have heard
multiple stories of horrific violence no child should witness. It's
crucial the court takes these alleged crimes against children into
account, their voices must be heard."
Shortly
after the Gambia case was filed, Argentina filed a lawsuit seeking
criminal sanctions for Suu Kyi and several top Myanmar officials for
crimes against the Rohingya. Leading that case is Tomas Ojea Quintana, a
former UN Special Rapporteur on human rights in Myanmar
Fortify
Rights' Smith said that the ICJ case "could help change the decision
making of Myanmar's military and political elite with regard to the
Rohingya, in useful ways."
"We hope
this will help prevent the next round of mass killings and other
attacks and, over time, lead to other changes," he said.




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