SUBMISSION ON THE ICC OFFICE OF THE PROSECUTOR’S POLICY ON SLAVERY CRIMES

 

The Asia Justice Coalition secretariat responded to the International Criminal Court (ICC) Office of the Prosecutor’s call for submissions towards the new policy on Slavery Crimes. In the submission, the secretariat highlighted the legacy of slavery in Asia, including the sexual enslavement of ‘comfort women’ by the Imperial Japanese Armed Forces in World War II, and enslavement by the Khmer Rouge regime in Cambodia. Regarding contemporary forms of slavery, the submission analyzed the enslavement of workers in the fishing industry in Southeast Asia and the forced conscription of the Rohingya in Myanmar. The secretariat recommends comprehensive and intersectional reflection on slavery crimes, including cumulative charging at the ICC in the interest of justice and accountability.

 

AJC PUBLISHED A PRIMER ON ‘WAR CRIMES’

 

The secretariat released the latest instalment in their series of international accountability primers. This publication focusses on war crimes and serves as an explainer of the following topics: what constitutes a war crime, how it differs from other (international crimes), who can be held responsible for a war crime, and the distinction between war crimes and grave breaches of the Geneva Conventions.

 

‘THE NEED FOR A CONVENTION ON CRIMES AGAINST HUMANITY’

 

AJC Secretariat head Dr Priya Pillai wrote an opinion piece for the Lowy Institute highlighting the importance of addressing the legal gap in the prohibition of crimes against humanity by codifying them in an international treaty.

ASIA JUSTICE COALITION SECRETARIAT ANNOUNCES NEW PARTNERSHIP WITH THE WOMEN’S EDUCATION AND RESEARCH CENTRE IN SRI LANKA

 

The Asia Justice Coalition secretariat is partnering with the Women’s Education and Research Centre in Sri Lanka as part of their Women in International Justice and Accountability (WIJA) Project. The WIJA project will develop women’s leadership in international law by building expertise and facilitating constructive dialogue around critical issues of international justice and accountability in three jurisdictions in Asia – Bangladesh, Sri Lanka, and India.

 

AJC’S JURISDICTIONAL BRIEF FOR INTERNATIONAL JUSTICE IN ASIA - SINGAPORE

 

On 30 May, the Asia Justice Coalition secretariat published its third of nine Jurisdictional Briefs for International Justice in Asia: Singapore. This brief canvass Singaporean criminal and civil law that could be useful to support survivors of atrocity crimes in Asia. It includes a summary of the Singaporean legal system and a review of relevant legislation and case law.

 

BRIEFING ON THE INTERNATIONAL LAW COMMISSION’S DRAFT ARTICLES ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST HUMANITY

 

On 23 May, the Asia Justice Coalition Secretariat co-hosted a webinar with the Asia-Pacific Centre for the Responsibility to Protect. Secretariat head Dr Priya Pillai and Legal Advocacy and Communications Manager Aakash Chandran briefed the participants and highlighted the relevance of the Crimes Against Humanity Convention to the Asia-Pacific region, and role that civil society organisations can play in advocating to have their governments support the proposed convention.

AJAR: “YEARNING FOR OUR RIGHTS AND LONGING FOR OUR HOMELAND”

 

On 22 April, Asia Justice and Rights released a report based on participatory research with the Liberation War Museum (LWM) conducted from May to September 2023 with young people living in camps in Cox’s Bazaar, Bangladesh. The exercise allowed Rohingya refugees to take part in storytelling and strengthen their knowledge of the right to justice.

 

FORTIFY RIGHTS: “BANGLADESH AUTHORITIES BEAT AND FORCIBLY RETURNED ROHINGYA FLEEING ATROCITIES IN MYANMAR”

 

On 26 April, Fortify Rights reported on the beating and forced return of Rohingya refugees to Myanmar. According to Fortify, Bangladesh Border Guards (BGB) had beaten and pushed back at least 300 Rohingya refugees to Myanmar in six incidents since February 2024. Executive Director Amy Smith was quoted, “Bangladesh rightly welcomed 700,000 refugees in 2017. It should protect Rohingya fleeing ongoing genocide and other atrocities and hold border guards accountable for violating the rights of the refugees”.

 

BHRN: “ROHINGYA IN RAKHINE STATE DESPERATELY NEED AID AND PROTECTION”

 

On 8 May, coalition member Burma Human Rights Network issued a press release calling on the international community to intervene on the Rohingya’s behalf as they are caught between the Arakan army and the Burmese junta and face abuse, violence, and forced conscription from both sides of the conflict. According to BHRN (Kyaw Win, Executive Director), “The Rohingya continue to suffer while the world fails to take any meaningful action to protect them. […] The international community once again has the chance to intercede and must immediately take decisive action to prevent further harm to the Rohingya community.”

 

FORTIFY RIGHTS: “FORTIFY RIGHTS WITNESSES THAI SOLDIERS PUSH BACK HUNDREDS OF MYANMAR REFUGEES”

 

On 17 May, coalition member Fortify Rights issued a statement calling on the Government of Thailand to provide legal status to Myanmar refugees and reform its immigration laws. Fortify Rights also documented Thai soldiers pushing back hundreds of Myanmar refugees and the Thai government’s response to the influx of refugees from Myanmar, including inhospitable environments and the deprivation of necessities.

 

GJC: “SUPPORT GROWS FOR GENDER JUSTICE AT UN SESSION ON DRAFT CRIMES AGAINST HUMANITY TREATY”

 

On 23 May, Asia Justice Coalition member Kelly Adams (Legal Advisor, Global Justice Center) published a blog post documenting the growing support for a gender-competent and survivor-centric Crimes Against Humanity Convention.

BROUK: “ROHINGYA FACING EXISTENTIAL THREAT IN ARAKAN”

 

On 21 May, Asia Justice Coalition member Burmese Rohingya Organisation UK released a joint statement urging the international community to immediately pressure the Arakan Army to end the mass forced displacement and human rights violations being committed against the Rohingya community. The statement outlined the current situation, including artillery strikes, killings and abductions, and forced displacement of civilians.

 

BHRN: “PERPETRATORS OF ATTACKS ON ROHINGYA IN BUTHIDAUNG MUST BE HELD ACCOUNTABLE”

 

On 22 May, Burma Human Rights Network released a statement calling for accountability for perpetrators of attacks on Rohingya in Buthidaung. The attacks included airstrikes, artillery shelling, and widespread arson. Executive Director, Kyaw Win stated, “We condemn these attacks on the Rohingya in the strongest terms. The Arakan Army is treating the Rohingya the same as the Burmese military.”

 

ICJ: “UNLAWFUL ATTACKS RESULTING IN MASS CASUALTIES TO CIVILIANS AND DESTRUCTION OF INFRASTRUCTURE IN RAKHINE STATE MUST END”

 

On 24 May, Asia Justice Coalition member International Commission of Jurists issued a press release condemning the escalation of atrocities against the inhabitants of Buthidaung Township, including the Rohingya in Rakhine State. ICJ called on all parties to respect international humanitarian law.

 

BROUK: “THE INTENSIFYING ROHINGYA GENOCIDE”

 

On 28 May, coalition member Burmese Rohingya Organisation UK hosted a panel discussion ‘The Intensifying Rohingya Genocide’ on recent human rights abuses against the Rohingya and the ongoing accountability efforts. The webinar captured recent developments, such as the denial of humanitarian aid, forced conscription and discussed how civil society organisations could mobilise to bolster accountability initiatives, including the ongoing proceedings at the International Court of Justice.

 

LAW: ARTICLE ON THE ROHINGYA’S PERCEPTION OF INTERNATIONAL JUSTICE

 

AJC member Antonia Mulvey (Executive Director, Legal Action Worldwide) published a co-authored article titled "What kind of court is this?: Perceptions of International Justice Among Rohingya Refugees" in the Human Rights Quarterly journal. The article is based on the LAW’s Rohingya crisis team’s survey of over 400 survivors on the grass-roots level perceptions of international justice within the Rohingya refugee community living in Cox's Bazar.

 

GCR2P: ATROCITY ALERT ON MYANMAR

 

On 22 May, the Global Centre for the Responsibility to Protect published its Myanmar Atrocity Alert documenting the escalation of atrocities in Buthidaung, Rakhine State. GCR2P called on the UN Security Council should urgently meet on the situation in Myanmar and, with a unified voice, condemn the ongoing violence [against the Rohingya and other civilians] and call upon the military, the AA and other EROs to cease indiscriminately attacking civilian areas in Rakhine State and elsewhere and urgently take steps to deescalate current tensions.

UN HIGH COMMISSIONER VOLKER TÜRK ON VIOLENCE IN RAKHINE STATE

 

On 19 May, Volker Türk commented on escalating violence in Rakhine state. He referred to reports of renewed violence and property destruction in Buthidaung township, which has resulted in the displacement of potentially tens of thousands of civilians, mostly Rohingya. He appealed directly to the Myanmar military and Arakan Army to stop the fighting, protect civilians, allow humanitarian access and comply fully with international law.

 

THE GUARDIAN: “ROHINGYA BEING FORCIBLY CONSCRIPTED IN BATTLE BETWEEN MYANMAR AND REBELS”

 

On 14 May, The Guardian reported on the forced conscription of Rohingya civilians by the Myanmar military junta and various rebel groups. Although the Rohingya had their citizenship rights stripped by a 1982 law, they have nevertheless faced significant pressure to fight from both sides, commonly as ‘human shields’.

IOM: “JOINT STATEMENT BY JAPAN, NORWAY, SWEDEN, SWITZERLAND AND THE UNITED STATES FOLLOWING THEIR VISIT TO THE ROHINGYA REFUGEE CAMPS IN COX’S BAZAR, BANGLADESH”

 

On 14 May, Japan, Norway, Sweden, Switzerland, and the United States released a joint statement affirming that the Rohingya refugees are not forgotten. They emphasized the need for sustained international support for Rohingya refugees in Bangladesh. Japan, Norway, and the United States announced financial contributions, whilst Switzerland and Sweden expressed political support. 

 

AP NEWS: “‘THEY TORTURED US': ROHINGYA SURVIVORS OF FATAL CAPSIZE SAY CAPTAIN RAPED GIRLS, PURPOSELY SANK BOAT”

 

On 7 May, AP News reported on the testimonies of survivors of a capsized boat found off the coast of Aceh, Indonesia in March. The report described widespread sexual violence, beatings, torture, and other abuses, perpetrated by the captain and other crew members whilst on board.