R2P, ICJ, and IIMM
Last year, Liam Scott of the Global Centre for the Responsibility to Protect (Global R2P) appeared on our podcast platform to discuss the international response to the Myanmar coup. While he expressed an honest frustration with the lack of support and involvement on the part of many actors, he also cautioned that these mechanisms can take a long time, and that perseverance in pursuing human rights in Myanmar was critical.
“In 2017, the Human Rights Council established a fact-finding mission on Myanmar to investigate human rights abuses. This mission was later replaced by the Independent Investigative Mechanism for Myanmar (IIMM) in 2019, which is currently collecting and preserving evidence of human rights abuses committed by the military, including those perpetrated since 2011. The IIMM plays a crucial role in the broader context of justice and accountability in Myanmar.
One significant development in terms of justice and accountability is the case filed by the Gambia at the International Court of Justice (ICJ) against Myanmar for violating the 1948 Genocide Convention. This case focuses on the genocidal acts committed against the Rohingya in 2017. The ongoing hearings at The Hague mark an important step in seeking justice and accountability for these crimes.
Justice and accountability are integral components of the Responsibility to Protect (R2P) and are emphasized in the work of organizations like the Global Center. Victims and survivors deserve justice and reparations, and trials contribute to cementing the historical record of atrocities. Moreover, accountability mechanisms serve as a deterrent for future atrocities, as perpetrators realize the consequences of their actions.
However, it is understandable to feel a sense of hopelessness when progress appears slow or limited. The UN fact-finding mission's conclusion that Min Aung Hlaing should be prosecuted for crimes against humanity throughout Rakhine and Shan States, and the assessment that he continues to harbor genocidal intent towards the Rohingya, highlights the gravity of the situation. The lack of concrete action following these findings can be disheartening.
While justice and accountability processes can be complex and time-consuming, it is essential to continue pushing for progress and holding perpetrators accountable. The IIMM's ongoing work, along with the ICJ case, represents important steps towards justice for the Rohingya and potentially broader accountability in Myanmar.
It is crucial to maintain pressure on the international community to ensure that justice and accountability efforts are pursued vigorously. While progress may not always be immediate or apparent, the collective pursuit of justice remains essential to address the suffering and injustices endured by the people of Myanmar.
In summary, while it is understandable to feel frustration and impatience with the pace of justice and accountability in Myanmar, it is vital to continue advocating for progress. The work of the IIMM, the ICJ case, and ongoing efforts serve as important mechanisms to hold perpetrators accountable and provide justice to the victims. By maintaining pressure and raising awareness, we contribute to the long-term goal of achieving justice, accountability, and preventing future atrocities.”