Even after taking part in past United Nations human rights investigations in Sri Lanka and North Korea, nothing quite prepared former Indonesian attorney general Marzuki Darusman for the harrowing stories of the Myanmar Army’s bloody 2017 rampage that killed more than 10,000 Rohingya Muslims and drove over 700,000 into neighboring Bangladesh.
As founding chairman of Indonesia’s Human Rights Commission, Darusman has an intimate knowledge of the Indonesian Army’s own record of abuse. But in the refugee camps of southern Bangladesh he and his United Nations fact-finding team (FFM) discovered the horrors of what it now calls “genocidal intent.”
“This was in a league of its own,” Marzuki, chairman of the UN’s Fact-Finding Mission on Myanmar, says of the orgy of mass murder, rape, torture and village burnings. “Doing the interviews you get to a point where you are just numbed. It’s a soul-searching exercise. You ask yourself ‘are we doing our jobs by just taking down these accounts. Where will it all lead to?’”
Where indeed? Unprecedented in its tough language and unrelenting in its conclusions, the UN fact-finding team’s full 400-page report to the UN Human Rights Council, to be released on September 18, now goes to the UN Security Council, where China and also Russia could prevent its referral to the International Criminal Court (ICC).
The report specifically targets Myanmar armed forces commander Senior General Min Aung Hlaing, deputy commander Vice Senior General Soe Win and four other generals, two of whom were in charge of the infantry divisions flown in to carry out the bloodletting across the country’s western state of Rakhine.
The names of at least six other senior officers remain sealed and in the custody of the UN Commissioner for Human Rights, but can be shared with any “credible and competent body,” presumably the US and European agencies which have been quietly pursuing their own investigations into the carnage.
“We are not saying categorically it is genocide, only that it needs to be looked into further,” Darusman told Asia Times in an interview. ”We are only at the entry point to the next phase of accountability, which is the preparation of case files for ICC prosecutors.”
While collusion cannot “for the moment” be legally laid at the door of Aung San Suu Kyi, the largely powerless State Counsellor, Darusman says her passivity and that of the civilian authorities “contributed to the worsening of the situation.”
Equally disappointing has been the once-democratic icon’s lack of reaction to the recent jailing of two Myanmar journalists who work for Reuters, but Darusman remembers what she told a recent audience in Singapore: “No outsider can understand what we understand within.”
The investigators want an independent inquiry into the UN’s own role in Myanmar since 2011 – a year before an earlier wave of so-called “ethnic cleansing” against the Rohingya – to assess whether everything possible was done to mitigate the unfolding crisis.
The ICC has already started proceedings on Myanmar’s eviction and forced displacement of the Rohingya, both judged to be crimes against humanity because an element of the crime occurred in Bangladesh, which unlike its neighbor is a signatory to the 1998 ICC Rome Statute.
A September 6 court ruling also allowed the prosecutor to invoke Article 5 of the statute covering genocide, crimes against humanity and war crimes, but only a Security Council referral would ensure the whole range of violations in the report are addressed.
Darusman explains that while genocide can be inferred by the actions of Myanmar security forces, jurisprudence requires proof based on documentary evidence, a more difficult challenge that may only be met by phone and field radio intercepts if they pass the test of reliability, relevance and probative value.
Even then, politics remains an obstacle, evidenced by what Darusman calls the “open and shut” case of Cambodia, where instead of being prosecuted for genocide, ageing Khmer Rouge leaders were belatedly accused of crimes against humanity, a lesser charge.
If the Security Council does stand in the way, the UN Human Rights Council can fall back on ad hoc tribunals, such as those established by the UN General Assembly in the cases of Yugoslavia and Rwanda, which led to a total of 151 convictions.
Darusman has few doubts the evidence the team gathered showed the intensity of the violations “went beyond the threshold of violence that qualified as genocidal.”
During the Khmer Rouge reign of terror of the 1970s, in which 1.7 million Cambodians died, it was often difficult to find refugees who had actually witnessed a killing. Always they seemed to happen at night and away from villages.
In Rakhine, according to the interim report, it was mass murder in public view, launched in disproportionate retaliation for a claimed earlier attack by rag-tag Muslim militants.
Backed by police, border guards and Rakhine civilians, the rampaging soldiers left more than 390 villages in flames and therefore subject to seizure by the state under a newly-enacted law.
As with Cambodia, Darusman is aware that there might be distortions or exaggerations in the re-telling of personal experiences, but he says the visible scars and the reconstruction of events were verified again and again — and in the same horrific detail.
Looking to the future, he wonders how it will be possible to change the culture of a military which came to power during decades of isolation and has been free to brutalize its civilian population with impunity and little regard for international opinion.
He says the roots of the problem lie in the majority Burman population’s struggle for predominance. “The Myanmar armed forces is simply a Burman armed group, it is not a national army,” he asserts, seeing little to differentiate it from Myanmar’s other ethnic armies except for its size and power.
Concentrated in the central plains and southern panhandle, Burmans make up 30 million of Myanmar’s 53 million-strong population, with the Karen, Shan and Rakhine among the largest of 14 other sizeable ethnic minorities.
Those also included the Rohingya, but with 1.1 million sheltering in squalid Bangladesh camps, and as many as 1,000 refugees still crossing the border each week, there are only an estimated 200,000-300,000 remaining in Rakhine.
Certainly, Burmans not only appear to be predominant in the state’s 406,000-strong armed force, widely known as the Tatmadaw, but there is also an unwritten rule that an officer must be both a Burman and a Buddhist to rise above the rank of major.
Current second vice president Henry Van Thio, an ethnic Chin Christian, left military intelligence service after he was told he could only be promoted if he changed his name and religion. He subsequently went to study theology in New Zealand, where he picked apples to supplement his income.
Another example is Hkam Awng, Myanmar’s former head of drug abuse control, who despite being a very Burmanized Kachin still failed to gain promotion and finally left the military to the join the police force – as a colonel.
Darusman says there is a need for a “total reconstruction” of the Tatmadaw, but he acknowledges that unlike the Indonesian military in the post-Suharto period, there is no sign of any change in its “irrational mindset” or of reformists rising through the ranks.
“I don’t see any evidence of a group of officers who could emerge as more moderate actors,” he says. “We still see some hope of driving them towards a reform process, but it will be long and drawn out because their role is so dominant in the policy area. And they are pervasive everywhere.”
Darusman is also not sure from where the pressure will come to affect change, noting that only the recent takedown of 18 of the military’s Facebook accounts and over 50 other pages, later negated by the Russians in putting up an alternative platform, seems to have disturbed the generals to any degree.
After briefing Indonesian Foreign Minister Retno Marsudi, Darusman is particularly curious how the Association of Southeast Asian Nations will react to the report, as divided as it is over interference in each other’s domestic affairs.
”If it’s crimes against humanity, they can fudge it,” he says. “But if it’s genocide, it’s a stain on Myanmar and it’s a stain on the region.”
It’s silly to talk of genocide in Myanmar. At most we can talk of ethnic cleansing. But the fault of such cleansing falls directly on the Rohyngia by their refusal to integrate in the Burmese society. It’s not their religion which is a problem, it’s their refusal to feel part of a multicultural country and to accept different cultural traits and traditions as legitimate. By seeing the non-Muslim Birmanese as unworthy of their respect, the Rohyngia have caused the antagonism felt by the Birmanese in respect of their community. Being a minority, they could choose to adapt or to leave. Not wanting to adapt, they are being forced to leave.
And Chinese immigrants to Tibet and E Turkmenistan should integrate and respect the locals’ traditions ?
Thanks UN for bringing up the atrocity on Myanmar Rohyanga issue.
Rohyangas wants to live with full citizen rights and wants to integrate as human being in Myanmar. Now, even after the resettlement there is a need for UN presence to monitor for any future hardship. They dont want to go in a concentration camp.
If the UN Fact-Finding Mission goes to find atrocities in Iraq, Libya, Ukraine, Kosovo, and Afghanistan, of course it will find the Iraqi, Libyan, Ukrainian, Kosovar and Afghan are deep in action of killing and bad activities. But those nations were all orderly, peaceful and normally functioning societies before the American led West conducted their colour revolutions and regime change on them with bombing, killing and waterboarding on the fabricated WMD allegations as humanitarian intervention. The American and their western partners are the perpetrators, creators and main criminals responsible for the atrocities in Iraq, Libya, Ukraine, Kosovo, and Afghanistan; in addition, the American and their western partners are still fuelling the violence in those nations with weapons and special op forces.
UN Fact-Finding Mission is a kabuki to distract from finding the real criminals of the atrocities, it focuses on the crime scene only, and announces the verdict based on that limited and narrow scope of investigation, the verdict is bias, incomplete and misleading, while the UN Fact-Finding Mission is letting the perpetrators and mastermind criminals slipping away from the accountability under the radar screen. UN Fact-Finding Mission is in fact acting as a facade to gloss over the American and their western partners’ war crime, crime against humanity and crime against peace committed in those nations including Myanmar.
Yashad Rizvi, China is a multi-people nation, the customs and cultures of the people exchange freely and peacfully among them, this is something you cult based people, Christian, Muslim or Hindu can never achieve. You guys will engage in racial hatred and crusade forever. Every time your mouth opens it is full of racial and cult negativity that has been dragged on thousands of years in the Europe and ME.
Nurun Nabi, Rohyangas has been living in Myanmar peacefully more than a hundred years. It is the American led lackeys are not allowing them to continue living in Myanmar like old days because they want to punish Myanmar and Aung San Suu Kyi for refusing to be their cannon fodder in their neo imperial conquest in Asia and encircling China.
Settlement is not going to happen if Myanmar is not given a fair hearing and be imposed with settlement terms by the West with threats and demonization. Burmese has the right and will fight for their independence and name.
Neither the UN Fact-Finding Mission nor the rhetoric of human rights NGOs is helping Rohyangas and Burmese to find their accommodations with each other, but fuelling their differences and resentments, and prolonging the suffering endured by both the Rohyangas and Burmese.
UK, USA and India need to step forward to accept the Rohyangas and set an example that they are committed to help Rohyangas not merely providing lip services for their hidden aganda.
Nurun Nabi, atrocity is atrocity, it is crime against humanity, all atrocities need to be addressed, why the atrocities committed by the West cannot be addressed? And why are you focus on Myanmar’s atrocity alone? Why are you hiding the atrocities committed by the West and Indian?
Joe Wong , I am only reading this news article in AT.
Its up to you to rase the issue by the West and Indian in those news. This news head line is only for Myanmar.
By raising any other issue, you are trying to distract this specific news and comment writers by your self imposed irrevalant issues. One thing I care for atrocity at anyother parts of the world. I pray, so that we all can live in peace and dignity.
Joe Wong Dont forget the 1m uighurs murdered
Joe Wong If it’s so peaceful and they’re so happy, give them a vote on independence !
Rohyangas did not get the right to live with full citizen right.
No basic right for education, no health care. etc,, etc,, etc,,
How can you expect any one to integrate in an official non
co operation way of life. Myanmar govt is repatriating Rohyangas from Bangladesh. Do you know where they will live ? where they will find food ? Can they take their children to school.
Can they live as normal citizen. Mr. Obama in his Rangoon Universisity lecture stated, "Rohyangas has the same right as he does". Mr. Nuno, do you accept this humble statement ?
Yashad Rizvi, that is what happened to Uighur when they listen to the West and its lackey Muslims to be lured as cannon fodder to be ground up in the battlefields in the ME and North Africa.
Yashad Rizvi, what a silly idea and obfuscation, what does vote have anything to do peace and happiness? Look at the West, all the voters in the West are never happy and peaceful. The voters in the West are in the endless loop of complaining, bickering, resentment, infighting,… and readily to overthrow the existing one in power with another one they want to overthrow again.
Besides it is irresponsible to give cult fanatics more bodies to throw into their racial hatred and crusade that have been dragged on thousands of years in the Europe and ME.
It’s the problem of Rakhine people. in Rakhine State.
The Bengalis were accepted as refugees during Banglaeshi independence war. Around a million of them came into Rakhine State as refugees. And later the muslims murdered 30,000 Rakhine Buddhists and takk their lands to establish their own.
That’s the history. No Rohingyas, but just Bengali muslims. The Hindu Bengalis rejected the term Rohinguas.
Yashad Rizvi It’s about Bengalis, not Chinese. Chinese are not illegals in Tibet.
Comment on-Asia Times -Southeast Asia | Why the UN has a genocide case on Myanmar : solution
The Bamar Tatmadaw who has illegally ruled over Burma, including the other ethnic nationalities for the last seven decades has committed heinous crimes against the people of Burma, particularly against non- Bumam ethnic nationalities. According to the above UN definitions below the crimes committed includes ethnic cleansing and genocide.
“ 260 (III) A of the United Nations General Assembly on 9 December 1948. The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
In the present Convention, genocide means any 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 another group”
As stated by Rangan Dutta, in the Asian Times, South-east Aasia it is true that .“Myanmarese Army like the PLA of China is a politicised force and not a professional army”
It was founded by extremist Burmese who called themselves ‘Thakin’ meaning ‘Master’ based on hatred, anger and revenge against the British for colonising the Burmese Heartland, and their divide and rule method. They thought the British treated the others better than they did the Bamar, so they took it on other non-Bamar Nationalities, with the belief that they would do what it takes to be on top of others. After the British left the Burma armed forces were revolutionised simply into the Burman armed group, it was not a national army any longer, all Anglo- Indians or Anglo- Burmans, and other ethnic nationalities were forced out or some left due to dismissal or unfair treatment. Thus, the Tamadaw/political Institution was formed to subjugate other ethnic nationalities. They didn’t stop there but went on further, to commit crimes against innocent people. The Institution began with the Ne Win regime, and continued through that of Saw Maung, Than Shwe and the present Chief of the Tatmadaw. Some of the victims as well as the perpetrators have passed away, but the same Institution with the same ideology and belief is very much alive and continues to rule with fear and terror.
It is true that there is little to differentiation between the Bamar Army and that of the Resistant armies with regards to their legality to rule over the people. The so called Tamadaw is more powerful, as they possess modern weapons and ammunitions to use freely. They are the power usurper and hijacker of ethnic homelands and resources, While the other armies are resistant armies, fighting with violence for their legal, political and moral rights which the Tamadaw has robbed.
Comment on-Asia Times -Southeast Asia | Why the UN has a genocide case on Myanmar : solution
The Bamar Tatmadaw who has illegally ruled over Burma, including the other ethnic nationalities for the last seven decades has committed heinous crimes against the people of Burma, particularly against non- Bumam ethnic nationalities. According to the above UN definitions below the crimes committed includes ethnic cleansing and genocide.
“ 260 (III) A of the United Nations General Assembly on 9 December 1948. The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
In the present Convention, genocide means any 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 another group”
As stated by Rangan Dutta, in the Asian Times, South-east Asia it is true that .“Myanmarese Army like the PLA of China is a politicised force and not a professional army”
It was founded by extremist Burmese who called themselves ‘Thakin’ meaning ‘Master’ based on hatred, anger and revenge against the British for colonising the Burmese Heartland, and their divide and rule method. They thought the British treated the others better than they did the Bamar, so they took it on other non-Bamar Nationalities, with the belief that they would do what it takes to be on top of others. After the British left the Burma armed forces were revolutionised simply into the Burman armed group, it was not a national army any longer, all Anglo- Indians or Anglo- Burmans, and other ethnic nationalities were forced out or some left due to dismissal or unfair treatment. Thus, the Tamadaw/political Institution was formed to subjugate other ethnic nationalities. They didn’t stop there but went on further, to commit crimes against innocent people. The Institution began with the Ne Win regime, and continued through that of Saw Maung, Than Shwe and the present Chief of the Tatmadaw. Some of the victims as well as the perpetrators have passed away, but the same Institution with the same ideology and belief is very much alive and continues to rule with fear and terror.
It is true that there is little to differentiation between the Bamar Army and that of the Resistant armies with regards to their legality to rule over the people. The so called Tamadaw is more powerful, as they possess modern weapons and ammunitions to use freely.They are the power usurper and hijacker of ethnic homelands and resources, While the other armies are resistant armies, fighting without violence for their legal, political and moral rights which the Tamadaw has robbed.
Joe Wong , Please read Ra Emis comment below.
Please read Ta Emis comment below.
Thanks, Ta Emi. Please write more.
So sad ! some world intellectuals became so blind they accused even UN to have been sold out to muslims . Atlest 24,000 Rohingyas murdered by Burmese army whom they cann’t afford to see as criminals . Isn’t it just racism against a particular religion?
Joe Wong , Joe, Did you ever read the min head line of this news.
"Why UN has a geniocide case on Myanmar".
This news topic is not for West. It at your diposal.
Please don’t try to deviate to East, West, North, South.
Joe, Why do you support genocide of Rohyanga in Myanmar ?
"“We are not saying categorically it is genocide, only that it needs to be looked into further,” Darusman told Asia Times in an interview. ”We are only at the entry point to the next phase of accountability, which is the preparation of case files for ICC prosecutors.”
Yes, why ? Not clear ! And why not Saudi Arabia in Yemen ?
UN Police is doing their best to identify criminals.
Nurun Nabi – I do not have access to enough information to know for sure which side rejected the other first. But having seen how Muslims function in most parts of the world, I tend to think the Rohyanga were the first to reject any integration with a non-Muslim society.
Hello Min Khin Kyaw. I’m curious to know why the 1964 school encyclopedia describes the ethnic make up of the Mayu region as 75% Rohingya & a few of Rakhine? It’s on page 89 of the Bank of Knowledge 1964, "Scripture of Myanmar Encyclopedia", Rangoon. Also the 1961 census indicated the Mayu district was 75% Rohingya. This seems to be prior to the 1971 war of liberation in East Pakistan. Please help me.
Nuno Cardoso da Silva, Please read UN reports and journals on Rohyanga, that will respond to your questions. Rohyangas did not even got access to any right, health care and education, so how can you integrate your rejected genocidal elements.
Suu Kyii to day in Hanoi said, she could have better handled the situation. Is it a face wash or mouth wash statement?
Joe Wong , Joe, read your last paragraph. You are telling UK, USA and India to accept the Rohyangas ?
But what about the "dead Rohyangas" you and your army did in the killing field of Rakhynae ? Allow ICC to take Min Aung Hlaing to justice. The dead Rohyangas wants justice.
Ta Emi What it has to do with this Rakhine crisis? Are you the Bengali terrorist supporters? You talk nonsenese and you are not representing any ethnic in Rakhine.
Ta Emi What it has to do with this Rakhine crisis? Are you the Bengali terrorist supporters? You talk nonsenese and you are not representing any ethnic in Rakhine.
Nurun Nabi State sponsor? Where are your evidences? You talk so cheap. Enlighten me. Muslims want separate state for so long and doing mini genocide to non-muslims in Rakhine over 71 years.
Nurun Nabi State sponsor? Where are your evidences? You talk so cheap. Enlighten me. Muslims want separate state for so long and doing mini genocide to non-muslims in Rakhine over 71 years.
Nurun Nabi Terrorists supporting is pretending like saint.
Nurun Nabi Terrorists supporting is pretending like saint.
Haroon Hashem
Were you counting that time 24,000? Where were their mass grave? Is that real number? Could be you have magic wand to make up that number.
Bengalis always tend to get away into Bangladesh at the slightest hint of their danger. Mass movements had occured in 1978 and 1991 and the current one is similar one, not genocide. Indeed documented civilian deaths are mostly committed by ARSA, not by Tatmadaw.
Why not talking about Bengalis killed 165 non-muslims within 6 months. Why not talking about they are killing all non-muslim since WW2 till now. In 1950 they even set 150 Buddhist villages on fire and took over Buddhists villages. You have no clue isnt it?
Last 2 month in September alone 3 Buddhist people were killed in Rakhine including student.
Why you are not talking about cirme rate is high in Cox Bazzar now. In Bengali camps alone in Cox Bazaar 372 people were killed by slashing the throats. Luckily no Buddhists are there to blame. Near Cox Bazaar Rohingya young man kidnapped 13 years old girl. That’s why local Bangladeshi people have already protested and they don’t want you refugees anymore. In Rakhine, you all have been doing that for 71 years. Stop your lies and nonsense. Many evidences from West newspapers demanding Islamic state. Ask your Buddies Bengalis stop the Yaba smuggling in Rakhine as well.
Do you even know 500+ ARSA men left for Saudi Arabia after they attacked and committed atrocities in 30 police stations, over 50 villages over many hundreds of kilometres in northern Rakhine State
Why are you protecting them? Why dont you call it as crime against humanity? Because the victims are Buddhists, right so you prefer to keep silent.
Haroon Hashem
Were you counting that time 24,000? Where were their mass grave? Is that real number? Could be you have magic wand to make up that number.
Bengalis always tend to get away into Bangladesh at the slightest hint of their danger. Mass movements had occured in 1978 and 1991 and the current one is similar one, not genocide. Indeed documented civilian deaths are mostly committed by ARSA, not by Tatmadaw.
Why not talking about Bengalis killed 165 non-muslims within 6 months. Why not talking about they are killing all non-muslim since WW2 till now. In 1950 they even set 150 Buddhist villages on fire and took over Buddhists villages. You have no clue isnt it?
Last 2 month in September alone 3 Buddhist people were killed in Rakhine including student.
Why you are not talking about cirme rate is high in Cox Bazzar now. In Bengali camps alone in Cox Bazaar 372 people were killed by slashing the throats. Luckily no Buddhists are there to blame. Near Cox Bazaar Rohingya young man kidnapped 13 years old girl. That’s why local Bangladeshi people have already protested and they don’t want you refugees anymore. In Rakhine, you all have been doing that for 71 years. Stop your lies and nonsense. Many evidences from West newspapers demanding Islamic state. Ask your Buddies Bengalis stop the Yaba smuggling in Rakhine as well.
Do you even know 500+ ARSA men left for Saudi Arabia after they attacked and committed atrocities in 30 police stations, over 50 villages over many hundreds of kilometres in northern Rakhine State
Why are you protecting them? Why dont you call it as crime against humanity? Because the victims are Buddhists, right so you prefer to keep silent.