The recent ruling against Myanmar should
spark a stronger response from the United States.
The eyes of the international community are
on the United States following the Order of 23 January 2020 made by the
International Court of Justice regarding the case of The Gambia v. Myanmar in
which the Republic of the Union of Myanmar is ordered to protect their ethnic
Rohingya minority against genocide. Myanmar’s Ministry of Foreign Affairs
responded declaring that the case, which saw a panel of 17 judges voted
unanimously in making the ruling, was a “distorted picture of the situation.”
The United States has been cautious in its
word choice and rhetoric on the situation for the Rohingya in Myanmar’s Rakhine
state bordering Bangladesh, but as various reports surmounted the national
debate over recent years, direct government actions, financial aid, and
propositions grew stronger. The recent ICJ ruling should provoke a response by
the United States, which is carefully navigating support for the Rohingya while
maintaining a positive relationship with Myanmar as it battles China for
influence over the Southeast Asian nation.
The United States has previously
imposed targeted sanctions on two Myanmar army units and four military and
police commanders. In 2018, U.S. Treasury Under Secretary for Terrorism and
Financial Intelligence Sigal Mandelker, using the U.S. government’s preferred
name for Myanmar, stated that “Burmese security forces have engaged in
violent campaigns against ethnic minority communities across Burma, including
ethnic cleansing, massacres, sexual assault, extrajudicial killings, and other
serious human rights abuses.” This move notably avoided calling the activity in
the Rakhine against the Rohingya a genocide and the sanctions did not target
top levels of leadership within Myanmar’s military.
While the United States has condemned
Myanmar’s military campaigns against the Rohingya, the State Department and the
Treasury Department have had disputes on an appropriate response to
events in Rakhine state. In 2018, the Treasury Department argued against
sanctioning multiple Myanmar officials. Treasury officials believed that such
sanctions would not have much impact, as those sanctioned had few assets within
the United States or elsewhere that would be affected. The State Department
argued that financial punishment is secondary to the primary goal of sending a
message that those named are “bad actors.” The conflict represented overall
disunity and hesitation in Washington toward how to appropriately address the
pressing situation of Rohingya killings.
U.S. rhetoric intensified after the release
of various in-depth reports throughout 2018 indicating systematic and organized
targeting of the Rohingya ethnic group in Rakhine state. In August 2018, the
State Department released a report that documented atrocities in the
northern region of Rakhine state. For the report, data was systematically
collected on “events that refugees encamped in Bangladesh has witnessed in
their northern Rakhine State villages.” The report concluded that
“three-quarters witnessed a killing by a member of the army” and “victims named
the army as perpetrators in an overwhelming majority (88%) of the killings
witnessed, as well as in nearly all armed ground assaults (92%) and aerial
attacks (88%).”
In September 2018, the Public International
Law and Policy Group (PILPG) released its factual findings report. The group’s
Paul Williams exclaimed that “it is clear from our intense legal review that
there is, in fact, a legal basis to conclude that the Rohingya were victims of
war crimes, crimes against humanity, and genocide.” The findings of these
reports, among others, likely fueled the strong rhetoric by U.S. Vice President
Mike Pence against Rohingya persecution on the sidelines of the 2018
Association of Southeast Asian Nations (ASEAN) summit in Singapore, in which he
stated to Myanmar leader Aung San Suu Kyi that he was “anxious to hear about
the progress that you’re making, holding those accountable who are responsible
for the violence that displaced so many hundreds of thousands and created such
suffering, including loss of life.” Such rhetoric indicated increased pressure
on Myanmar to address the atrocities being committed against the Rohingya. In July
of 2019, the United States announced sanctions against the commander-in-chief
of the Myanmar military, Min Aung Hlaing, among other leaders, for atrocities
committed against the Rohingya.
On the legislative side, the U.S. Congress
has made continuous efforts to address and aid the persecuted Rohingya.
Notably, in December of 2019, the Further Consolidated Appropriations Act of
2020, signed into law by Trump, stated that “not less than $2,000,000 shall be
made available for such programs for the Rohingya community in Bangladesh.” The
inclusion and passage of such aid marks the direction of U.S. policy toward
Myanmar and the Rohingya. The road to this direct assistance was paved by
various bills and resolutions passed in the U.S. House of Representatives that
signified attention to the pressing issue, such as the Burma Unified through
Rigorous Military Accountability Act of 2019, which directly addressed the U.S.
policy of acknowledging atrocities committed against the Rohingya, imposition
of sanctions for the violation of human rights, and the authorization to
provide humanitarian assistance.
As time passes, the foreign policy of the
United States is moving toward protecting and aiding the Rohingya as well as
condemning the inaction of Myanmar’s government in protecting them. The Unisted
States has displayed periods of strife and restraint in an attempt to sustain
positive relations with Myanmar, lest China enjoy unchecked influence over the
Southeast Asian nation. But the International Court of Justice’s Order of 23
January 2020 could serve as the catalyst for a new firm and substantial
response from the United States in condemnation of the atrocities committed
against the Rohingya in Myanmar’s Rakhine state.
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Source: THE DIPLOMAT