Army chiefs must be prosecuted for 'genocide', says UN Fact-Finding Mission

By AFP

GENEVA, Switzerland — The United Nations Fact-Finding Mission on Myanmar called on August 27 for an international probe and the prosecution of Myanmar’s military chief and five other top commanders for genocide against the country’s Rohingya minority. 

“Myanmar’s top military generals, including Commander-in-Chief Senior-General Min Aung Hlaing, must be investigated and prosecuted for genocide in the north of Rakhine State, as well as for crimes against humanity and war crimes in Rakhine, Kachin and Shan States,” a UN-backed fact-finding mission said.

Some 700,000 Rohingya Muslims fled northern Rakhine state to Bangladesh after Myanmar launched a brutal crackdown last August on insurgents amid accounts of arson, murder and rape at the hands of soldiers and vigilante mobs in the mainly Buddhist country.

Myanmar has vehemently denied allegations of ethnic cleansing, insisting it was responding to attacks by Rohingya rebels. 

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But in Monday’s report, the UN mission insisted the army tactics had been “consistently and grossly disproportionate to actual security threats.”

The mission, which was created by the UN Human Rights Council in March 2017, concluded in a report that “there is sufficient information to warrant the investigation and prosecution of senior officials in the Tatmadaw (Myanmar army) chain of command.”

“The crimes in Rakhine State, and the manner in which they were perpetrated, are similar in nature, gravity and scope to those that have allowed genocidal intent to be established in other contexts,” the report said.

The investigators named Min Aung Hlaing and five other top military commanders, adding that a longer list of names could be shared with “any competent and credible body pursuing accountability in line with international norms and standards.”

Criticism was also directed at Myanmar’s civilian leader Aung San Suu Kyi, a Nobel Peace Prize laureate who has been the target of global vitriol for a perceived failure to stand up for the stateless minority.

The report found that she had “not used her de facto position as head of government, nor her moral authority, to stem or prevent the unfolding events.” 

While acknowledging that she and other civilian authorities had little influence on military actions, it said that they “through their acts and omissions… have contributed to the commission of atrocity crimes.”

Myanmar never permitted the UN investigators access to the country, but they said that in the course of their investigation they had interviewed 857 victims and eyewitnesses, and had used satellite imagery and authenticated documents, photographs and videos as a basis to reach their conclusions.

The report detailed a horrifying list of atrocities committed against the Rohingya, including murder, enforced disappearance, torture, as well as rape and other sexual violence “perpetrated on a massive scale.”

Information collected by the investigators suggested that an estimate by the Doctors Without Borders charity that up to 10,000 Rohingya had been killed in the 2017 crackdown was “conservative”, the report said.

They also found that soldiers had carried out “large-scale gang rape”, sometimes of as many as 40 girls and women at once, in at least 10 Rakhine villages.

“The scale, brutality and systematic nature of these violations indicate that rape and sexual violence are part of a deliberate strategy to intimidate, terrorise or punish a civilian population, and are used as a tactic of war,” the report said.

Warning that “impunity is deeply entrenched in Myanmar’s political and legal system,” the investigators insisted the only chance of obtaining accountability was through the international justice system.

They called on the UN Security Council to refer the Myanmar situation to the International Criminal Court, or for an ad hoc international criminal tribunal to be created.

They also recommended an arms embargo and “targeted individual sanctions against those who appear to be most responsible.”

The investigators also highlighted the role Facebook had played, describing it as “a useful instrument for those seeking to spread hate”.

In an immediate response to the report, which said the social media giant had been “slow and ineffective” in responding to complaints about hate speech, Facebook announced that it had banned 20 individuals and accounts in Myanmar, including that of the Tatmadaw chief.

The Facebook announcement said: “Specifically, we are banning 20 individuals and organizations from Facebook in Myanmar – including Senior General Min Aung Hlaing … and the military’s Myawady television network. International experts, most recently in a report by the UN Human Rights Council-authorized Fact-Finding Mission on Myanmar, have found evidence that many of these individuals and organizations committed or enabled serious human rights abuses in the country. And we want to prevent them from using our service to further inflame ethnic and religious tensions.”

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