About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

43 Suffolk Transnat'l L. Rev. 311 (2020)
An Argument for Reconciliation: How the Burmese Government Should Look toward Countries like Germany in Order to Mend Their Relationship with the Rohingya

handle is hein.journals/sujtnlr43 and id is 327 raw text is: 







  AN ARGUMENT FOR RECONCILIATION:

     HOW THE BURMESE GOVERNMENT

     SHOULD LOOK TOWARD COUNTRIES
     LIKE GERMANY IN ORDER TO MEND
           THEIR RELATIONSHIP WITH

                     THE ROHINGYA


                        I.  INTRODUCTION

     In August   of 2017, after years  of persecution, the  Burmese
military planned   and  carried  out  a massacre   of the  Rohingya
Muslims   in the Rakhine   State of Myanmar.1 Rohingya villagers


    1. See Hannah Beech, Myanmar Official Line: Rohingya Are Returning. But
Cracks in That Story Abound., N.Y. TIMES (Aug. 2, 2018), https://www.nytimes.com/
2018/08/02/world/asia/myanmar-rohingya-rakhine.html (describing military's attack
on Rohingya). Hours after Rohingya insurgents allegedly attacked the police, the
military committed what the United Nations is calling a genocide. Id. However, the
Burmese government is claiming that the Rohingya are terrorists who burned their
own villages. Id. See also G.A. Res. 260A (III), at 1 (Dec. 9, 1948), available at https:/
/www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention
%20on%20the%20Prevention %20and %20Punishment%20of%20the%20Crime%20
of%20Genocide.pdf (defining genocide). The United Nations definition of genocide
given in Article II of their 1948 Convention on the Prevention and Punishment of the
Crime of Genocide is:
      [A]ny of the following acts committed with intent to destroy, in whole
      or in part, a national, ethnical, racial or religious group, as such: (a)
      Killing members of the group; (b) Causing serious bodily or mental
      harm to members of the group; (c) Deliberately inflicting on the group
      conditions of life calculated to bring about its physical destruction in
      whole or in part; (d) Imposing measures intended to prevent births
      within the group; (e) Forcibly transferring children of the group to an-
      other group.
Id. See also FORTIFY RIGHTs, THEY GAVE THEM LONG SWORDS: PREPARATIONS FOR
GENOCIDE  AND  CRIMES AGAINST HUMANITY  AGAINST  ROHINGYA  MUSLIMS  IN
RAKHINE STATE, MYANMAR   10, 13 (2018) available at https://www.fortifyrights.org/
downloads/Fortify.RightsLongSwords_July_2018.pdf [hereinafter THEY GAVE
THEM  LONG SwORDS] (reporting crimes against Rohingya people). The United Na-
tions Office on Genocide Prevention, and organizations like Fortify Rights, have
found that crimes like genocide are 'processes that take time to plan, coordinate and
implement.' These crimes do not occur spontaneously or as isolated events; they re-
quire resources and decisions by people in positions of power. Id. For a year, the
military plotted its attack by disarming the Rohingya minority, while at the same time
enlisting the help of the local, non-Muslim community members. Id. at 11. The gov-
ernment also blocked foreign aid to the region, imposed discriminatory restrictions
such as a Muslim-only curfew and increased its military presence in the area. Id. at
12. See also Angela Dewan, Who are the Rohingya and why are they fleeing?, CNN
(Sept. 13, 2017, 7:47 AM), https://www.cnn.com/2017/09/05/asia/rohingya-myanmar-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most