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1 1 (September 4, 2018)

handle is hein.crs/crsuntaalqe0001 and id is 1 raw text is: Cogesoa Researc Serv September 4, 2018 U.N. Report Recommends Burmese Military Leaders Be Investigated and Prosecuted for Possible Genocide The U.N. Independent International Fact-Finding Mission on Myanmar (UNFFM) has recommended that the U.N. Security Council (UNSC) authorize the International Criminal Court (ICC) to investigate and prosecute senior officials in the Tatmadaw (Burma's military) for genocide, crimes against humanity, and war crimes. The UNFFM found over the course of a nearly 18-month investigation that there are reasonable grounds to conclude that: * Tatmadaw leaders planned a genocidal attack on the Rohingya that was implemented in September and October 2017 by Tatmadaw soldiers and other Burmese security forces; * Crimes against humanity have been committed in Kachin, Rakhine, and Shan States, principally by the Tatmadaw; and * The Tatmadaw, other Burmese security forces, some of the ethnic armed organizations (EAOs), and the Arakan Rohingya Salvation Army (ARSA) committed war crimes. Findings of the UNFFM Report The UNFFM was established by U.N. Human Rights Council (UNHRC) in March 2017 to establish the facts and circumstances of the alleged recent human rights violations by military and security forces, and abuses, in Myanmar, in particular in Rakhine State. In an advance unedited version of its full report (the final report is due on September 18, 2018), the UNFFM determined that the Tatmadaw's clearance operations, which were conducted after ARSA's attacks of August 25, 2017, constituted a human rights catastrophe, and that the ARSA attacks and the clearance operations were foreseeable and planned. The UNFFM also found that there was a history of systemic oppression and persecution of the Rohingya, and the Burmese government's portrayal of the 2012 violence as intercommunal between the Rakhine and Rohingya is inaccurate, and that the Tatmadaw and various Rakhine organizations fomented a plan to instigate violence and amplify tensions. The UNFFM identified certain Burmese security forces as being responsible for human rights violations in Rakhine State, including the Myanmar Police Force, the Border Guard Police, the 33rd Light Infantry Division, the 99th Light Infantry Division, and units of the Western Command. In addition, ARSA was cited for committing serious human rights abuses in Rakhine State. In its investigation of human rights abuses in Kachin and Shan States, where the government continues to fight a decades-long civil war against EAOs, the UNFFM observed similar patterns of conduct by security forces, particularly the Tatmadaw. These patterns include systematic attacks on civilians; unlawful killings; torture, rape, and other forms of sexual violence; arbitrary arrest and detention; forced labor; and the recruitment of child soldiers. The investigators also cited several EAOs for arbitrary arrest and detention, the appropriation of property, and the recruitment of child soldiers. The UNFMM identified six senior Tatmadaw officers (see text box) that it recommends face investigation and prosecution preferably by the International Criminal Court or alternatively by creating an ad hoc international criminal tribunal. Among its other recommendations are: * The UNSC impose an arms embargo on Burma; * The U.N. General Assembly or the UNHRC create an independent, impartial mechanism to collect, consolidate, preserve, and analyze evidence of violations of international humanitarian law and human rights violations and abuses; and * All Member States should ensure that engagement with Myanmar and support for aid, development and reform projects, take into account and address human rights concerns. Possible ICC Prosecutions In April 2018, the ICC Prosecutor asked the ICC Pre-Trial Chamber to determine whether the Court may exercise jurisdiction over the forced deportation of Rohingya from Burma into Bangladesh, which the Prosecutor argues constitutes a crime against humanity. The Prosecutor argued that because forced deportation of Rohingya occurred partially on the territory of Bangladesh (a state party to the Rome Statute, the convention that created the ICC), the Court may exercise jurisdiction over the crimes. If the Pre-Trial Chamber agrees, the ICC Prosecutor could investigate and possibly prosecute Burmese officials. The Chamber has not yet reached its decision. Even if the ICC does not exercise jurisdiction based on events in Bangladesh, the UNSC could refer the Rohingya situation in Burma to the ICC, thus granting it jurisdiction over Burma (a non-party to the Rome Statute that established the ICC) that would otherwise not exist. An ad hoc tribunal in Burma could also be established, but would likely require the specific request of the Burmese www.crs.gov 7-5700 0

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