Here is my remark for the press conference of "Criminal Complaint Filed in Germany against Myanmar Generals for Atrocity Crimes."
Nickey Diamond
Ph.D. Candidate, Social and Political Anthropology, University of Konstanz
The legal principle of “Universal Jurisdiction” is to prevent impunity and hold perpetrators of international crimes and their criminal liability. This principle is unique in the way that provides for a state’s jurisdiction over international crimes such as genocide, war crimes, and crimes against humanity. Even when the alleged crimes did not occur in that state’s territory, and neither the victims/survivors nor alleged perpetrators are national of that state. We are seeking justice against the crime of genocide, crimes against humanity, and war crimes committed by the military in Myanmar. We rely on the German judiciary to open an investigation. This is the time to end perpetrators’ impunity and to ensure that they no longer get away with their crimes. This is not only a responsibility but also an obligation in international law from which no derogation is legitimate or permitted.
Since the Myanmar military attempted a coup on February 1, 2021, we no longer believe in our national justice system. By opening a court case now, we are combating our national justice system administrated by the Myanmar military junta, but we are encouraging all victims and survivors to come forward until justice will be served. If we do not act, serious crimes go unpunished. The perpetrators will even repeat their crimes with absolute impunity. This is exactly what is now happening in Myanmar. During the Myanmar military’s genocidal campaign against Rohingya in 2016 and 2017, military soldiers killed Rohingyas including children, girls, and women, they threw Rohingyas into fires, raped Rohingya women and girls, and after raping, they even killed them, burned down Rohingya villages and looted Rohingya property. After the coup, the same pattern of serious crimes against civilians in various parts of Myanmar continues. This systematic pattern of atrocity crimes is even not new to our ethnic brothers and sisters because they have suffered for several decades in their homelands. Until today, perpetrators still enjoy impunity.
领英推荐
On 17 July 2021, the National Unity Government (NUG), the legitimate government of the people of Myanmar, submitted a declaration under Article 12(3) of the Rome Statute accepting the International Criminal Court’s jurisdiction to investigate and prosecute atrocity crimes committed in Myanmar. Until today, we have not heard any news from the ICC prosecutor's office. We, therefore, put our hopes in the German prosecutors to act more efficiently and to conduct an investigation into the crime of genocide, crimes against humanity, and war crimes in Myanmar.
I end my statement with a quote from Václav Havel; he gave his interview to a French journalist in March 1983 after he was released from prison, and I am inspired by his interview. I quote “I merely take the side of truth against lies, the side of sense against nonsense, and the side of Justice against injustice.” For the international community, this is the time to take sides with us against the Myanmar military. We, victims and survivors of genocide, crimes against humanity, and war crimes, deserve access to justice through universal jurisdiction. Germany is our best choice, and we trust in them. Thanks.