AJC STATEMENT ON CRIMES AGAINST HUMANITY CONVENTION

 

On 13 April, the Asia Justice Coalition secretariat released a statement welcoming the discussion at the UN General Assembly Sixth Committee on the International Law Commission’s Draft Articles on Crimes Against Humanity. The statement calls on the Asian States to work towards a global convention and actively contribute to shaping the structure and content of the Draft Articles.

 

AI: URGENT NEED TO SUSPEND AVIATION FUEL AS AIR STRIKES WREAK HAVOC

 

On 11 April, Amnesty International highlighted the urgent need to suspend the import of aviation fuel and reiterated its calls on all states and businesses to stop shipments that may end up in the hands of the Myanmar Air Force. According to AI, “this supply chain fuels violations of international humanitarian law, including war crimes, and it must be disrupted in order to save lives”.

 

HRW: ‘MYANMAR ACTIVISTS FORCIBLY RETURNED’

 

On 12 April, Human Rights Watch called on the United Nations and concerned governments to publicly press Thailand to end these serious violations of international law, including forcibly returning Myanmar opposition activists to Myanmar, putting them at grave risk of persecution and other abuses and demand that Myanmar immediately account for the three deported opposition activist.

 

FORTIFY RIGHTS: ‘INVESTIGATE FORCED RETURNS, URGENTLY IMPLEMENT SCREENINGS TO PREVENT REFOULEMENT’

 

On 14 April, Fortify Rights called on Thailand to investigate the reported forced return of three Myanmar nationals who are at significant risk of torture or death in Myanmar, and to urgently implement screening procedures to prevent future  refoulements.

 

BHRN: URGENT NEED TO HOLD THE BURMESE MILITARY ACCOUNTABLE

 

On 18 April, the Burma Human Rights Network released a statement on the recent airstrikes in Myanmar by the military. According to BHRN, ‘it has been clear for some time that the Burmese military has no regard for human life, and the attack on Kanbalu Township demonstrates that killing civilians is part of their strategy. The purpose of these attacks is to crush the spirit of the people and maintain political power over the population through fear and cruelties”.

 

AI: ‘ASEAN NEEDS TO ADDRESS ITS FAILING APPROACH TO THE CRISIS IN MYANMAR FOLLOWING THE MILITARY COUP’

 

On 24 April, Amnesty International wrote a letter to the ASEAN Chairperson to mark the second anniversary of the ASEAN Five Point Consensus. According to AI, “since the coup, the Myanmar military has committed war crimes and possible crimes against humanity. ASEAN leaders must step up and address the situation in Myanmar without further delay". AJC secretariat also called on the ASEAN to pass a time-bound action-based agenda with real consequences for the military in case of its violation in its upcoming Summit.

FORTIFY RIGHTS: ‘END ATTACKS ON CIVILIANS, COMPLY WITH WORLD COURT RULINGS’

 

On 15 April, in the wake of the International Court of Justice order rejecting the Myanmar military’s request for a 10-month extension for memorial submission, Fortify Rights called on the Myanmar military junta to end the ongoing atrocities against the Rohingya & other civilians and fulfill legally binding provisional measures issued in 2020 by the International Court of Justice. 

 

GJC, HRW, AI: ‘DRAFT ARTICLES ON CRIMES AGAINST HUMANITY: TAKEAWAYS AND NEXT STEPS FOR CIVIL SOCIETY’

 

On 25 April, the Global Justice Center, Amnesty International, Human Rights Watch, and the Crimes Against Humanity Initiative, Washington University School of Law co-organised a webinar to share the takeaways from the UN General Assembly’s Sixth Committee discussion on the Crimes Against Humanity (CAH) Draft Articles. The full recording of the event is available here. To know more about the CAH Draft Articles, check GJC’s factsheet here.

FORTIFY RIGHTS: PODCAST ON UNIVERSAL JURISDICTION FILING IN GERMANY

 

On 28 April, Pavani Bhat (Legal Associate, Fortify Rights) spoke with Asymmetrical Haircuts (podcast) and discussed the universal jurisdiction criminal complaint filed by Fortify Rights in Germany against the Myanmar military.

 

AJC SECRETARIAT ACTIVITIES

 

On 5 April, Asia Justice Coalition secretariat head Dr Priya Pillai wrote a blog post on finding alternate legal avenues in Asia to advance justice and accountability, including strategic use of universal jurisdiction in the region. On 4 April, AJC fellows Jennifer Keene-McCann and Aakash Chandran (and Dr Emma Palmer) co-authored an article and called on the International Criminal Court and the international community to show similar support for all victims across the situation before the Court, including Myanmar/ Bangladesh - Rohingya.

From 15 – 26 May, the AJC secretariat will participate in the Mutual Legal Assistance (MLA) Diplomatic Conference in Slovenia and Dr Priya Pillai will speak at the Opening Ceremony on 15 April.

ICJ REJECTS MYANMAR’S REQUEST FOR MEMORIAL EXTENSION

 

On 6 April, the International Court of Justice rejected the Myanmar military’s request for a 10-month extension of the deadline for memorial submission. The Court has set 24 May 2023 as the new time limit for the filing of the memorial by Myanmar.

 

UN EXPERT URGES JAPAN TO STEP UP PRESSURE ON MYANMAR JUNTA

 

On 28 April, Tom Andrews, UN Special Rapporteur on the human rights situation in Myanmar at the end of a 10-day official visit to Japan urged the Japanese government to assume a greater leadership role to address the deteriorating crisis in Myanmar and step up pressure on the country’s military junta. He urged Japan to impose targeted economic sanctions on the Myanmar military and its key sources of funding as well as to terminate a Ministry of Defence programme that continues to provide military training to military personnel from Myanmar.

 

‘SECRETARY-GENERAL STRONGLY CONDEMNS ATTACK ON TOWNSHIP BY MYANMAR ARMED FORCES’

 

On 11 April, the UN Secretary-General condemned the attack by the Myanmar Armed Forces in Kanbalu Township in Sagaing Region and called for those responsible to be held accountable. He reiterated his call for the military to end the campaign of violence against the Myanmar population throughout the country, in line with Security Council resolution 2669 (2022).

‘UN HUMAN RIGHTS CHIEF VOLKER TÜRK CONDEMNS MYANMAR ATTACKS’

 

On 11 April, UN Human Rights Chief condemned the airstrikes by Myanmar fighter jets on a community hall in the Sagaing region. According to him, ‘despite clear legal obligations for the military to protect civilians in the conduct of hostilities, there has been blatant disregard for the related rules of international law’.

 

ASEAN CHAIR’S STATEMENT ON THE RECENT AIR STRIKES IN MYANMAR

 

On 13 April, ASEAN strongly condemns the reported recent air strikes carried out by the Myanmar Armed Forces and called to put an end to all forms of violence, particularly the use of force against civilians. It reiterated ASEAN’s commitment to continue assisting Myanmar in seeking a workable and durable solution to the ongoing crisis through promoting the full implementation of the Five-Point Consensus.

 

G7 JAPAN FOREIGN MINISTERS’ COMMUNIQUÉ ON MYANMAR

 

On 18 April, the Foreign Ministers of G7 (Canada, France, Germany, Italy, Japan, the United Kingdom and the United States of America and the High Representative of the European Union) condemned the April 11 airstrikes by the Myanmar military and called on States to 'prevent the flow of arms into Myanmar'.

Indonesian Court Rejects Petition on Human Rights Court

 

On 14 April, the Indonesian Constitutional Court (MK) ‘rejected the entire material judicial review petition of Law No. 26 of 2000 on Human Rights Court filed by Marzuki Darusman, Muhammad Busyro Muqoddas, and the Alliance of the Independent Journalists (AJI)’. The Court held that ‘the implementation and fulfilment of human rights must prioritize national interests as determined in the constitution of each country. Thus, although the formulation of human rights in the 1945 Constitution contains the phrase “every person,” it does not automatically create an active responsibility for the Indonesian state (government) to protect the human rights of every individual who is not a citizen’.

REUTERS: ‘MYANMAR NEIGHBOURS, SOME ASEAN MEMBERS HOLD SECRETIVE TALKS ON CRISIS’

 

On 26 April, Reuters reported that government and think-tank representatives from Myanmar and its neighbours, including India and China, held talks in New Delhi as part of a secretive effort to de-escalate a bloody crisis in the army-run Southeast Asian nation. The talks were the second in a "Track 1.5" dialogue that started in Thailand last month and came as frustration grows within the ASEAN bloc at the military's failure to implement a peace plan it agreed to in April 2021.

 

NEW REGISTRAR AT THE ICC

 

On 5 April, Mr Osvaldo Zavala Giler was sworn in as Registrar of the International Criminal Court for a period of five years during a public ceremony held at the seat of the Court in The Hague, The Netherlands.