AJC STATEMENT ON CRIMES AGAINST HUMANITY CONVENTION

 

On 25 November, the Asia Justice Coalition welcomed the adoption of a resolution by the UNGA Sixth Committee establishing a formal and time-bound roadmap to convene a diplomatic conference on Crimes Against Humanity Convention. The resolution calls for a preparatory committee in 2026 and 2027, followed by three weeks of negotiations at the UN Headquarters in New York in 2028 and 2029, with a view to conclude and adopt an international treaty on crimes against humanity. The full resolution is available here.

 

FOURTH AJC UNIVERSAL JURISDICTION CONVENING MEETING NOTE

 

On 25 November, the Asia Justice Coalition published the meeting note of the fourth universal jurisdiction convening entitled 'Beyond Universal Criminal Jurisdiction: Opportunities for Atrocity Crime Accountability’ held from 23 to 25 July. This closed-door workshop brought together a diverse group of experts to focus on the opportunities for atrocity crime accountability in Asia.

 

AJC PARTICIPATION IN THE 10^TH ANNUAL AUSTRALIAN ICL WORKSHOP

 

On 21 November, the Asia Justice Coalition Director, Dr. Priya Pillai delivered the keynote address entitled ‘Plotting the Contours of International Criminal Law: Evaluating Progress and Pitfalls’ at the 10th Annual Australian International Criminal Law Workshop. On 22 November, the Senior Legal and Policy Advisor, Jennifer Keene-McCann, delivered a presentation on 'Exploring Possibilities for Accountability in Asia Beyond International Criminal Law'.

AJC STATEMENT WELCOMING APPLICATION FOR ICC ARREST WARRANT IN BANGLADESH/MYANMAR SITUATION

 

On 28 November, Asia Justice Coalition welcomed the application by the International Criminal Court Prosecutor Karim A. A. Khan to the Pre-Trial Chamber seeking the issuance of an arrest warrant against Senior General Min Aung Hlaing, the Commander-in-Chief of the Myanmar military. Asia Justice Coalition called upon neighbouring States in the region, including non-States Parties to the Rome Statute, to cooperate with the Court and States Parties without exception to arrest and surrender the ICC suspect if found on their territory.

 

RELEASE OF WOMEN LEADERS IN INTERNATIONAL JUSTICE AND ACCOUNTABILITY PROJECT SRI LANKA VIDEO

 

On 20 November, the Asia Justice Coalition Secretariat and the Women's Education and Research Centre released a video from the Systems Mapping Workshop that was held for emerging women legal practitioners in Colombo, Sri Lanka, in June 2024. The workshop is part of the Women Leaders in International Justice & Accountability (WIJA) Project. Watch this video to hear the participants' insights about women leaders and justice and accountability in Sri Lanka.

 

AJC DIRECTOR ON PANEL DISCUSSIONS

 

On 13 November, Asia Justice Coalition Director Priya Pillai participated in a panel on ‘Gender and Conflict’ with Roba El Husseini and Dina Francesca Haynes at the Schell Center for International Human Rights. Previously, on 8 November, Dr. Pillai also participated in a discussion on 'Accountability for Forgotten Crises’ and shared her reflections on the situation in Myanmar.

 

AJC PUBLISHED A PRIMER ON ‘FORCED CONSCRIPTION’

 

On 12 November, the Coalition secretariat published a primer on ‘forced conscription and international law'. The primer offers a brief but concise explainer of the following: 1) distinction between conscription and forced conscription; 2) the existing international law framework governing forced conscription; 3) additional considerations for the protection of women, girls, and gender-diverse people; and 4) individual criminal responsibility under international law.

FORTIFY RIGHTS: ‘ICC MEMBER STATES: ENSURE ACCOUNTABILITY FOR ONGOING INTERNATIONAL CRIMES IN MYANMAR’

 

On 29 November, Asia Justice Coalition member Fortify Rights called upon International Criminal Court (ICC) Member states to immediately refer the entire situation in Myanmar to the ICC Prosecutor under Article 14 of the Rome Statute. The report also shared reflections from Fortify Rights' team and other human rights defenders on the application for an arrest warrant.

 

ICJ: ‘ICC PROSECUTOR’S APPLICATION FOR ARREST WARRANT IS A MAJOR STEP TOWARDS JUSTICE FOR THE ROHINGYA’

 

On 28 November, the International Commission of Jurists welcomes the International Criminal Court Prosecutor’s request for an arrest warrant against Senior General Min Aung Hlaing. According to ICJ, “the wheels of justice have turned slowly for the Rohingya, but this application by the ICC Prosecutor sends an important signal against the impunity that has emboldened the military junta and security forces to commit further atrocities against the people of Myanmar, including against other ethnic and religious groups, especially in the aftermath of the 2021 military coup.”

 

‘BHRN WELCOMES ICC ARREST WARRANT REQUEST FOR MIN AUNG HLAING, CALLS FOR BROADER JUSTICE AND ACCOUNTABILITY FOR MYANMAR'S ATROCITIES’

 

On 28 November, the Burma Human Rights Network welcomed the announcement by the ICC Prosecutor. According to Kyaw Win (Executive Director, BHRN), “Justice for the Rohingya must be part of a broader accountability framework that includes addressing crimes committed against Myanmar’s other Muslim minorities and the wider population since the coup. The international community must work to ensure that no victim is left behind and that Myanmar’s military junta is held accountable for its ongoing crimes."

 

HRW: ‘ICC PROSECUTOR REQUESTS ARREST WARRANT’

 

On 27 November, Human Rights Watch welcomed the application for arrest warrants against the Myanmar military. HRW called upon the UN Security Council to expand the ICC’s jurisdiction to address the full scope of criminality by referring the situation in Myanmar to the court. According to HRW, “[a]n ICC referral would broaden the scope of the investigation to include, among others, grave crimes committed by the military against other communities in Myanmar.”

 

LAW: ‘INTERNATIONAL CRIMINAL COURT PROSECUTOR FILES FOR AN ARREST WARRANT IN THE SITUATION IN BANGLADESH/MYANMAR’

 

On 27 November, Legal Action Worldwide released a statement welcoming the movement in the Bangladesh/Myanmar situation. According to Antonia Mulvey (Executive Director of LAW), “… [the] news about Prosecutor Khan requesting a warrant is a critical step in holding to account the most responsible for the international crimes that were and are continuing to be committed in Myanmar. A positive decision by the ICC can challenge the blanket impunity enjoyed by the Myanmar military.”  

AI: ‘ICC ARREST WARRANT REQUEST FOR MILITARY LEADER MUST BE DECISIVE STEP IN BREAKING CYCLE OF IMPUNITY’

 

On 27 November, Amnesty International responded to the announcement that the International Criminal Court Prosecutor Karim Khan is seeking an arrest warrant for Myanmar military leader Min Aung Hlaing. According to Agnès Callamard (Secretary General, AI), “[the] announcement by the ICC prosecutor is a decisive step and an important signal – both for Myanmar and the rest of the world – that those who are allegedly responsible for crimes under international law will be sought to face arrest and trial, no matter how powerful they are or how long they have escaped scrutiny.”

 

‘BROUK WELCOMES ICC MIN AUNG HLAING ARREST WARRANT APPLICATION’

 

On 27 November, Asia Justice Coalition member the Burmese Rohingya Organisation UK (BROUK) warmly welcomes the application for an arrest warrant for Senior General Min Aung Hlaing. According to Tun Khin (President, BROUK), “[t]his is a day of celebration not just for Rohingya, but for everyone from Burma. This is not only about seeking justice and accountability, but also an acknowledgment of the crimes committed against us, which were ignored for so long.” BROUK has been cooperating with the International Criminal Court to provide evidence of the crimes committed by the Burmese military.

 

GJC: ‘BREAKTHROUGH FOR CRIMES AGAINST HUMANITY TREATY ‘

 

On 22 November, the Global Justice Center welcomed the adoption of the resolution in the Sixth Committee on Crimes Against Humanity Convention. According to Kelly Adams, “[a]t present, treaty provisions have yet to catch up to the lived experiences of victims of sexual and gender-based crimes and judicial findings that acknowledge this fuller scope of harms. A strong, progressive, and survivor-centric treaty will ensure international and domestic systems are better equipped to prevent, punish, and ensure redress for systematic or widespread attacks on civilians involving sexual and gender-based violence.”

 

HRW: SURGING LANDMINE USE CLAIMS LIVES, LIVELIHOODS IN MYANMAR

 

On 20 November, Human Rights Watch reported that Myanmar’s military forces are increasingly using banned antipersonnel landmines that indiscriminately kill and injure people across the country. In the newly released Landmine Monitor 2024, Myanmar unprecedentedly topped the global list of casualties, with 1,003 documented civilian deaths and injuries from landmines and explosive remnants of war in 2023, almost three times the previous year.

 

FORTIFY: ‘BANGLADESH END ROHINGYA REFUGEE PUSHBACKS’

 

On 19 November, Fortify Rights called upon the Interim Government of Bangladesh to immediately stop the forced return of Rohingya fleeing deadly violence and ongoing genocide in Rakhine State, Myanmar. A new investigation by Fortify Rights documents how the Bangladesh border guard forces continue to push Rohingya back to Myanmar.

 

LAW RECOMMENDATIONS TO THE ICC VICTIM STRATEGY

 

In November, Asia Justice Coalition member Legal Action Worldwide submitted its comments and recommendations to the International Criminal Court's Victims Strategy. Amongst others, LAW called for allowing victims to participate in the pre-trial stage through counsel and have counsel present during all interviews and investing in local CSO partnerships for sustained engagement with survivor communities, including by providing support in local languages. LAW believes these revisions will help the ICC sustain an intersectional, victim-centered, trauma-informed approach.

ICC PROSECUTOR VISITS ROHINGYA CAMPS IN BANGLADESH

 

On 26 November, in a visit to Kutupalong camp, Bangladesh, ICC Prosecutor Karim A.A. Khan KC addressed the Rohingya community on the application for a warrant of arrest in the situation in Bangladesh/Myanmar. The Office of the Prosecutor also met and interacted with victims groups and civil society partners.

 

‘REACTION TO ICC PROSECUTOR’S REQUEST FOR ARREST WARRANT FOR MIN AUNG HLAING’

 

On 27 November, the Independent Investigative Mechanism for Myanmar issued a statement on the arrest warrant application in the Bangladesh/Myanmar situation before the ICC. The IIMM has closely cooperated with the ICC Prosecutor’s investigations into these crimes by providing the Office of the Prosecutor with a large volume of evidence and analysis, including witness statements. The Mechanism and the ICC also jointly interviewed several vulnerable victims of sexual violence and crimes against children. The Mechanism will continue to closely cooperate with the ICC investigation. 

 

‘MYANMAR AMPUTEES UNDER SIEGE BY JUNTA LANDMINES, HARASSMENT AND BLOCKADES OF PROSTHETICS, SAY UN EXPERTS’

 

On 22 November, the UN Special Rapporteur on the situation of human rights in Myanmar, Tom Andrews, and the UN Special Rapporteur on the rights of persons with disabilities Heba Hagrass called upon the UN Member States to strengthen and coordinate measures to weaken the military junta’s capacity to attack Myanmar civilians. They urged all parties to the conflict in Myanmar to immediately stop laying landmines and begin removing them without delay.

 

UN THIRD COMMITTEE APPROVES A RESOLUTION ON MYANMAR

 

On 20 November, the UN Third Committee approved by consensus the draft resolution, “Situation of human rights of Rohingya Muslims and other minorities in Myanmar”, which would have the Assembly demand an immediate end to hostilities, and all forms of violence and attacks against civilians — including Rohingya Muslims — in compliance with Security Council resolution 2669 (2022). By the text, the Assembly would decide to hold a high-level conference in 2025 on the situation of Rohingya Muslims and other minorities in Myanmar. However, the representative of Myanmar said his delegation deeply regrets that “the draft resolution fails to include, among others, stronger language on the cessation of transfer of arms and jet fuel to the military junta”.