A Myanmar government spokesman on Friday
shrugged off the Jan. 23 ruling by the U.N.’s top court ordering the Southeast
Asian country to implement measures to protect Rohingya Muslims from genocide
and to preserve evidence of atrocities allegedly committed against the minority
group during a military-led crackdown.
Thousands of Rohingya perished as a result of
the 2017 violence, which included indiscriminate killings, mass rape, torture,
and village burnings. More than 740,000 others fled to safety in neighboring
Bangladesh where they live in massive displacement camps.
Gambia asked the court to issue provisional
measures to ensure that atrocities against the country’s Rohingya Muslim
minority would not continue, and the ICJ ruling in The Hague supported the
request.
In response to the order, Zaw Htay, spokesman
for the Myanmar’s President’s Office told reporters at a news briefing in
Naypyidaw that no genocide had occurred in Rakhine state, citing the findings
of the government-appointed Independent Commission of Enquiry (ICOE) that
probed military operations during the crackdown. The commission found that war
crimes and serious human rights violations had occurred, but did not have
“genocidal intent.”
“We have stated this in parliament ever since
we signed the Genocide Convention,” he added. “We will stick to that.”
He cited Articles 1 and 2 of the Convention,
which Myanmar signed in December 1949, saying that the country has already
ratified them.
Article 1 states that parties to the
Convention confirm that genocide committed in times of peace or war is a crime
under international law which they undertake to prevent and to punish, while
Article 2 defines the acts that constitute genocide against a national, ethnic,
racial, or religious group.
“The ruling is based on these two articles,
so we don’t need to take any special action based on the ruling,” Zaw Htay
said.
Activist Nickey Diamond from the Southeast
Asia-based NGO Fortify Rights said Myanmar needs to determine if it has the
laws to comply with the Genocide Convention.
“Some critics say we already have laws to
protect the evidence of a crime, but we don’t find any confirmation that the
existing laws comply with the Genocide Convention,” he told RFA.
‘Myanmar will definitely win’
Zaw Htay also said the government will take
action against perpetrators of atrocities based on recommendations in the ICOE
report.
Human rights groups have denounced the report
as the latest in a series of efforts to whitewash atrocities against Rohingya in
the wake of attacks on Myanmar border guards by Rohingya militants.
Final Report of the ICOE: https://t.co/OJaOchKI4V
ICOE Report is a paper of self-interest: https://t.co/y9wjZ09vQd
Nevertheless, Zaw Htay expressed confidence
that Myanmar will prevail in the genocide case which could likely take years
before the ICJ issues a final ruling. The ICJ on Tuesday gave Gambia until July
23 to submit its initial plea, while Myanmar has until Jan. 25, 2021, to reply.
“When they issue the final ruling based on
merit, Myanmar will definitely win,” he said.
In the meantime, the ICJ’s legally binding
order requires that Myanmar prevent the killing or serious injury of the
Rohingya, ensure that the military does not harm the Rohingya or conspire to
commit genocide, preserve evidence related to the allegations, and report on
its compliance with the measures until the court issues a final decision on the
case.
The first report is due in four months, with
follow-up reports due every six months.
“We have made a statement on submitting a
report per the provisional measures order in four months, but we will not
reveal anything about how we will respond to the issue,” Zaw Htay told RFA,
adding that Myanmar needs to consult its legal team, specifically international
law professors William Schabas and Andreas Zimmerman, who are helping to defend
the country against the genocide charges.
Genocide is ‘too extreme’
At the three-day hearing on the provisional
measures, Gambia cited the findings of a report by a U.N.-mandated fact-finding
commission that concluded the attacks on the Rohingya were carried out with
“genocidal intent” and warned that the roughly 600,000 Rohingya currently
living in Myanmar face a “serious risk of genocide.”
Myanmar State Counselor Aung San Suu Kyi, the
country’s de factor leader, led the defense team at the hearing in December,
arguing that there was no genocidal intent behind the army’s behavior.
“When the state counselor clarified this at
the ICJ hearing, she explicitly stated that labeling it as genocide was too
extreme,” Zaw Htay told RFA.
The spokesman also noted that Myanmar formed
a Committee on Criminal Investigation and Prosecution on Jan. 24 to prosecute
those responsible for war crimes.
Myanmar faces separate legal action at the
International Criminal Court and in an Argentine court, cases for which the
ICJ’s order to preserve evidence is crucial.
Source: RFA