The military junta’s takeover of Myanmar in February 2021 has resulted in massive human rights violations in the country, including arbitrary arrests and extrajudicial killings. This article, therefore, elucidates the intensification of violence sparked by the junta's brutal crackdown on non-violent protesters and the resultant launch of ‘Operation 1027.’ It will also uncover the response of international actors, including the legal complaints filed in the Philippines.
BY AYesha zafar
Introduction
Ever since the military junta’s takeover of Myanmar on 1st February 2021 by ousting the ruling party of Aung San Suu Kyi, the country has witnessed massive human rights abuses, including arbitrary arrests, torture, extrajudicial killings, and indiscriminate attacks on civilians [1]. With a track record of brutality that spans decades, the military junta’s recent escalation of violent attacks and deployment of lethal force against non-violent protesters in February 2021 sparked an armed uprising. This was further intensified with the launch of ‘Operation 1027’ in October 2023 against the military by three ethnic rebel groups: Ta’ang National Liberation Army (TNLA), Myanmar National Democratic Alliance Army (MNDAA) and Arakan Army (AA), collectively known as the Brotherhood Alliance [2].
Accusing the military of targeting the civilian population, these ethnic groups engaged in violent clashes with the military junta, which the military responded to with the use of massive force. According to data from the National Unity Government (NUG), the military has launched more than 1,200 assaults on healthcare facilities, resulting in the deaths of 104 medical personnel and the destruction of 308 hospitals since the 2021 coup d’état [3]. An estimated 4,485 civilians have died to date [4] and nearly 15.2 million people are in urgent need of food and nutrition support [5]. With this, the military has also blocked the supply of assistance to Internally Displaced People (IDPs), resulting in severe health consequences, particularly for adults and young children. The UN Independent Investigative Mechanism for Myanmar (IIMM) found in its report increasing evidences of torture, sexual violence, mutilation, etc. [6]. Nevertheless, the military junta, whilst denying these allegations, called its operations part of a legitimate campaign against "terrorists" [7]
Urgent Appeal: Global Effort to Investigate War Crimes
In 2023, Human Rights Watch (HRW), referring particularly to the unlawful and indiscriminate airstrikes on the Kachin and Sagaing Region of Myanmar, characterised these attacks by the military junta as war crimes. Amnesty International has further found evidence of the potential use of cluster munitions by the military in their assaults on Namkham in Shan State in December 2023 [8]. Therefore, it has called for Myanmar to be investigated for war crimes. In this regard, Matt Wells, director of Amnesty’s crisis response programme stated: “The Myanmar military’s deadly attacks on civilians show no signs of stopping. These attacks must be investigated as war crimes and the UN Security Council should refer the situation in Myanmar to the International Criminal Court (ICC). The perpetrators of these crimes under international law must be brought to justice [9].” Similarly, stressing the need to contain these unlawful activities, the Asia director at Human Rights Watch, Elaine Pearson stated: “United Nations member countries should urge the UN Security Council to impose an arms embargo on Myanmar, including sanctions on jet fuel that facilitates unlawful air attacks on civilians [10].”
MAP Launches Complaints Against Myanmar Junta: Urges Philippines DOJ Action
On 25 October 2023, the Myanmar Accountability Project (MAP), an advocacy group based in London, issued a statement revealing that five individuals from Myanmar's Chin State had filed a complaint with the Department of Justice in Manila, Philippines [11]. They urged Filipino prosecutors to initiate a war crimes inquiry into ten members of the military administration, including Senior General Min Aung Hlaing. Included in the complainants is Zing Raltu, whose father was shot dead by military forces on 29 September 2023. During a press release, she stated: "My father and his friend were murdered. We will never receive justice through the Burmese courts. We pray that the Philippines will heed our plea for assistance [12]." Importantly, the complaint was filed with reference to the military attack on the town of Thantlang in Chin State in 2021, which resulted in the destruction of around 2,000 homes and the displacement of approximately 60,000 civilians [13].
Uncovering the International Community’s Response to Myanmar's Human Rights Crisis
The escalation of potential war crimes has resulted in the international community taking necessary actions to ensure peace and stability, however, major loopholes still need to be addressed. While the US, UK, Canada, and the European Union have placed sanctions on Myanmar, there has been inconsistency in the application of sanctions specifically targeting jet fuel [14]. Likewise, Russia and China have persisted in selling weapons to Myanmar's junta, though China announced that it has facilitated a ceasefire between the opposition and the armed forces [15]. Similarly, Russia’s sale of weapons worth $400 million is responsible for the killings in the Pazigyi village of Myanmar [16]. Both Russia and China have also used their veto power to block UN Security Council resolutions against the military junta. According to Human Rights Watch, governments in the region have also failed to convey a clear message to Myanmar's junta regarding the persistent violations of human rights [17]. Therefore, it has urged Laos, holding the 2024 chairmanship of the Association of Southeast Asian Nations (ASEAN), to collaborate with fellow ASEAN member states to adopt a stronger stance against the alleged war crimes in Myanmar. This would exert pressure on the junta to cease its abuses and lift restrictions on humanitarian aid.
Conclusion
To conclude, the ongoing human rights violations in Myanmar demand an urgent response from the international community. Addressing these atrocities requires taking concrete measures to hold the military junta accountable for potential war crimes alongside providing support to the victims. The international community should consistently engage with local civil society organisations for updated situational assessments on the ground. For an effective international response, states like Russia and China need to act as responsible members of the international community and refrain from supporting the military junta in Myanmar. Instead of prioritising geopolitical interests, these states would need to prioritise human rights and put pressure on the military junta to cease its brutal actions and engage in genuine dialogue for a peaceful resolution. Only through collective efforts can the military junta be held accountable for human rights violations, and peace and stability be ensured in Myanmar.
References
[1] "Myanmar: Military Abuses Against Civilians Intensify." Human Rights Watch. https://www.hrw.org/news/2024/01/30/myanmar-military-abuses-against-civilians-intensify.
[2] “No Deal Reached at China-Backed Talks Between Myanmar Junta, Ethnic Armies.” The Irrawaddy. https://www.irrawaddy.com/news/politics/no-deal-reached-at-china-backed-talks-between-myanmar-junta-ethnic-armies.html?fbclid=IwAR391AjYSwiTZCLFxm72QBMWwVxC_gpzjjXK-
[3] “NUG Calls for Global Action to Halt Myanmar Junta’s Escalating War Crimes.” The Irrawaddy.https://www.irrawaddy.com/news/burma/nug-calls-for-global-action-to-halt-myanmar-juntas-escalating-war-crimes.html
[4] Staff, Al J. "Amnesty Calls for War Crimes Probe over Myanmar Military Bombing of Church." Al Jazeera. https://www.aljazeera.com/news/2024/2/8/amnesty-calls-for-war-crimes-probe-over-myanmar-military-bombing-of-church.
[5] Myanmar in “deadly freefall” into even deeper violence, says Türk. OHCHR. "https://www.ohchr.org/en/statements-and-speeches/2023/07/myanmar-deadly-freefall-even-deeper-violence-says-turk
[6] "‘Dramatic Increase’ in Myanmar War Crimes, UN Probe Finds." Al Jazeera. https://www.aljazeera.com/news/2023/8/8/dramatic-increase-in-myanmar-war-crimes-un-probe-finds.
[7] ‘Dramatic increase’ in Myanmar war crimes, UN probe finds. Al Jazeera. https://www.aljazeera.com/news/2023/8/8/dramatic-increase-in-myanmar-war-crimes-un-probe-finds
[8] "Myanmar: Military Should Be Investigated for War Crimes in Response to ‘Operation 1027’." Amnesty International. https://www.amnesty.org/en/latest/news/2023/12/myanmar-military-should-be-investigated-for-war-crimes-in-response-to-operation-1027/.
[9] Staff, Al J. "Amnesty Calls for War Crimes Probe over Myanmar Military Bombing of Church." Al Jazeera. https://www.aljazeera.com/news/2024/2/8/amnesty-calls-for-war-crimes-probe-over-myanmar-military-bombing-of-church.
[10] "Elaine Pearson." Human Rights Watch. https://www.hrw.org/about/people/elaine-pearson.
[11] "Victims of Myanmar Junta File War Crimes Charges in Philippine Court." The Diplomat – Asia-Pacific Current Affairs Magazine. https://thediplomat.com/2023/10/victims-of-myanmar-junta-file-war-crimes-charges-in-philippine-court/.
[12] "Relatives of Victims of Alleged War Crimes in Military-run Myanmar Seek Justice in Philippines." AP News. https://apnews.com/article/myanmar-philippines-war-crimes-ef8c9f3fcda4d06084412c57e94da730.
[13] Ibid.
[14] "Supplemental Business Advisory Highlighting Continued Risks and Considerations for Businesses and Individuals with Exposure to Entities Responsible for Undermining Democratic Processes, Facilitating Corruption, and Committing Human Rights and Labor Rights Abuses in Burma (Myanmar)." United States Department of State. https://www.state.gov/supplemental-business-advisory-highlighting-continued-risks-and-considerations-for-businesses-and-individuals-with-exposure-to-entities-responsible-for-undermining-democratic-processes-facilitating-c/.
[15] “Rebel alliance reaffirms commitment to ending Myanmar 'dictatorship.' Reuters. https://www.reuters.com/world/asia-pacific/rebel-alliance-reaffirms-commitment-ending-myanmar-dictatorship-2023-12-13/
[16] "The Myanmar Junta Kills … and the Rest of the World Looks Away." The Guardian. https://www.theguardian.com/world/2023/jun/04/the-myanmar-junta-kills-and-the-rest-of-the-world-looks-away.
[17] "Myanmar: Military Abuses Against Civilians Intensify." Human Rights Watch. https://www.hrw.org/news/2024/01/30/myanmar-military-abuses-against-civilians-intensify.
