SUBMISSION TO THE INTERNATIONAL CRIMINAL COURT (ICC) OFFICE OF THE PROSECUTOR’S (OTP) DRAFT POLICY PAPER ON COMPLEMENTARITY & COOPERATION

 

The Asia Justice Coalition Secretariat made a submission to the ICC OTP’s 2023 draft Policy Paper on Complementarity and Cooperation. The submission focused on two areas: first, the relationship between the OTP and external independent investigative bodies like the Independent Investigative Mechanism on Myanmar (IIMM). Second, on cooperation with Non-States parties.

 

AJC SECRETARIAT AT THE ICC #ASP22

 

The Asia Justice Coalition secretariat head Dr Priya Pillai and Senior Law and Policy Advisor Jennifer Keene-McCann attended the 22^nd Session of the International Criminal Court Assembly of States Parties at the United Nations Headquarters in New York. Dr Priya Pillai delivered a statement at the ASP General Debate and called for the promotion of “holistic justice” – justice that is inclusive, timely, and collaborative at the ICC.

 

On 6 December, Dr Pillai also spoke on a panel on ‘Bridging Perspectives for a Global Future in the ICC Situation Countries and Beyond’ and contextualized the ongoing conflict in Myanmar, the situation of the Rohingya, and the investigation at the ICC.

 

CIVIL SOCIETY WORKSHOP ON THE DRAFT ARTICLES ON CRIMES AGAINST HUMANITY

 

On 5 December, the Crimes Against Humanity Initiative at Whitney R. Harris World Law Institute at the Washington University School of Law, and Coalition members Global Justice Center, Amnesty International, Human Rights Watch, and the International Commission of Jurists, co-organised a closed-room civil society workshop. The workshop witnessed international law subject matter experts who have been following the movement on the Draft Articles and strategized on how to advance and improve the draft convention with fellow CSO members.

ADVANCING TOWARDS A CRIMES AGAINST HUMANITY CONVENTION

 

On 8 December, the Asia Justice Coalition co-sponsored a panel discussion on ‘Advancing Towards a Crimes Against Humanity Convention’ to explore the ongoing efforts to establish a new treaty on crimes against humanity based on the 2019 International Law Commission’s Draft Articles. The event was co-sponsored by Estonia, The Gambia, Iceland, and Mexico, as well as the Crimes Against Humanity Initiative - Whitney R. Harris World Law Institute at the Washington University School of Law, Physicians for Human Rights, and Coalition members Amnesty International, Global Justice Center, Human Rights Watch, and the International Commission of Jurists.

 

ENSURING A SURVIVOR-CENTRIC APPROACH TO JUSTICE AND ACCOUNTABILITY - FROM SUDAN TO MYANMAR

 

This event, held on 11 December, convened Member States and civil society to discuss the importance of a sustained survivor-centric approach to justice and accountability efforts, identify opportunities to promote these principles and explore how a survivor-centric approach can be applied in conflicts that receive less international and media attention, such as those in Sudan and Myanmar. It was co-sponsored by Estonia, Latvia, the Darfur Women Action Group, and Coalition member Global Justice Center.

 

GQUAL CAMPAIGN ON #16DAYSOFACTIVISM

 

Dr Priya Pillai called for recognition and ensuring that women’s agency (2:31 onwards) is reflected in international decision-making spaces as a part of the 16 Days of Activism & GQUAL Campaign to bring gender parity in international representation.

HRW: “MYANMAR: ARMED GROUP ABUSES IN SHAN STATE”

 

On 11 January, the Human Rights Watch released its World Report 2024 and called on the UN Security Council to make a full referral of the situation in Myanmar to the International Criminal Court and the international community to stop the flow of arms to Myanmar and impose sanctions against the military junta.  According to HRW, “Myanmar’s military junta in 2023 increasingly carried out unlawful airstrikes against villages with ethnic minorities and anti-coup residents. The security forces committed mass killings, enforced disappearances, torture, rape and other sexual violence, and arbitrary arrests and detention.”

 

GJC: “SUBMISSION TO UN SPECIAL RAPPORTEUR ON MYANMAR ON GENDERED IMPACTS OF COUP”

 

On 5 January, the Global Justice Center submitted an input to the UN Special Rapporteur on Myanmar on the "Gendered Impacts of the Coup and Conflict in Myanmar" and called for an inclusive, holistic, and gender-competent approach while responding to the crisis in Myanmar. According to GJC, “the 2021 coup and ensuing armed conflicts have had an outsize impact on women, girls, and gender minorities in Myanmar. Misogyny, homophobia, and transphobia - already deeply entrenched in the country’s legal system - have made women, girls, and LGBTQ people easy targets for violence.”

 

AI: “MYANMAR MILITARY SHOULD BE INVESTIGATED FOR WAR CRIMES IN RESPONSE TO ‘OPERATION 1027'"

 

On 21 December, Amnesty International called for an investigation of the Myanmar military for indiscriminate attacks, unlawful killings, and arbitrary detentions since the escalation of hostilities in late October. Based on its interviews with civilians in Rakhine State and analysis of photographs, video material and satellite imagery, Amnesty has documented indiscriminate attacks against civilians and civilian objects as well as, in northern Shan State, the use of banned cluster munitions, all of which may constitute war crimes.

 

BHRN: “ROHINGYA TRAFFICKING REQUIRES GLOBAL SOLUTION”

 

On 19 December, in the background of a large influx of Rohingya refugees in Indonesia, AJC Member Burma and Human Rights Network called on the international community to take decisive action to support Rohingya fleeing violence. BHRN highlighted the dangers of the journeys, including vulnerability to abuse and exploitation when intercepted by traffickers. According to Kyaw Win (Executive Director, BHRN): “The world has no excuse for neglecting a humanitarian crisis that repeats itself every year. […] It is imperative that arrangements be made for refugees, and their dignity and rights must be preserved. Addressing and rectifying the root causes of migration is crucial. The international community has the power to solve this issue, but the will to do so is lacking.”

LAW: “EVERY DAY, I REMEMBER THEY DESTROYED MY LIFE” (REPORT LAUNCH)

 

On 6 December, the Legal Action Worldwide held a side event at the 22^nd ICC ASP to launch their report examining continuing physical and psychosocial impacts of the genocidal sexual- and gender-based violence committed by the Myanmar Military against the Rohingya during the 2017 ‘clearance’ operations. The findings include long-term consequences of SGBV, including permanent physical damage, severe psychological injuries, impaired intra-familial relationships, and destruction of the social fabric of communities. In its recommendations, LAW emphasized the need for accountability efforts, protection measures for survivors, and long-term specialized support across genders.

 

BROUK: “INTERNATIONAL ARREST WARRANTS SOUGHT FOR MIN AUNG HLAING AND OTHER MILITARY OFFICIALS OVER ROHINGYA GENOCIDE”

 

On 6 December, Coalition member Burmese Rohingya Organization UK issued a media release, detailing their petition to the Argentinian Federal Court. The petition urged the court to issue international arrest warrants against Senior General Min Aung Hlaing and six other Myanmar generals for the genocide against the Rohingya people. 

 

FORTIFY RIGHTS: “ICC MEMBER STATES: REFER MYANMAR JUNTA’S CRIMES TO THE PROSECUTOR”

 

On 4 December, Fortify Rights called on ICC Member States to refer the situation in Myanmar to the Prosecutor, pursuant to Article 14 of the Rome Statute. In an explainer video, Fortify Rights outlined the advantages of Article 14 referrals, including bypassing UN Security Council vetoes and pre-authorization from the Pre-Trial Chamber.

 

FORTIFY RIGHTS: “ON THE DISMISSAL OF THE CRIMINAL COMPLAINT FILED IN GERMANY AGAINST MYANMAR GENERALS AND OTHERS FOR GENOCIDE, WAR CRIMES, AND CRIMES AGAINST HUMANITY”

 

On 30 November, Fortify Rights responded to the German Federal Prosecutor’s dismissal of its criminal complaint against Myanmar generals. The German Prosecutor rejected opening an investigation on the grounds of a lack of suspects present in Germany and under the belief that its investigation would duplicate the work that the Independent Investigative Mechanism on Myanmar (IIMM) is currently undertaking. According to Matthew Smith (CEO, Fortify Rights), “We’re grateful the Prosecutor clarified that the German government is cooperating with efforts to collect and preserve evidence of crimes in Myanmar and that the Prosecutor’s decision was unrelated to the strength of the evidence submitted.”

 

HRW: RECENT REFUGEES PUSHED BACK FROM THAILAND TO MYANMAR

 

On 29^th November, Human Rights Watched called on Thailand to implement cross-border aid to internally displaced persons in Myanmar and increase humanitarian aid to refugee camps along the border. HRW, in its news release, gave a detailed account of how thousands of Myanmar refugees have been pushed back from Thai borders since late October despite legal obligations as a party to the Convention against Torture and the customary prohibition against non-refoulement.

OCHA: OVER 18.6 POPULATION IS IN NEED OF HUMANITARIAN ASSISTANCE IN 2024

 

The UN Office for the Coordination of Humanitarian Affairs (OCHA) released its 35^th humanitarian update on Myanmar highlighting that over 18.6 million people are in need of humanitarian support in 2024. According to OCHA, “at the end of 2023, more than 2.6 million people were estimated to be displaced nationwide, with an estimated 628,000 people forced to flee since the intensification of fighting at the end of October.”

INTERNATIONAL CRIMINAL COURT OFFICE OF THE PROSECUTOR LAUNCHES NEW POLICY ON GENDER-BASED CRIMES AND ON CHILDREN

 

In December, the International Criminal Court Office of the Prosecutor launched new policy papers on gender-based crimes and on children during the 22^nd Assembly of States Parties.