Can ICC breach Burma’s Sovereignty?
Oct 4th, 2009
The International Criminal Court (ICC) came into existence in 2002. The ICC has been hailed by international community as a valuable instrument to combat impunity for serious international crimes.
Regardless of the very high hope and expectations of ICC enthusiasts, there is an intense debate going on between ICC’s opponents and proponents over its legitimacy and utility.
(Picture on front cover is courtesy of Thierry Falise.)
Proponents describe the court as the most significant new international institution created in so many years. The ICC, they claim, will be a powerful new weapon in the fight to end the prevailing “culture of impunity”, deter atrocities, promote national reconciliation in divided societies, and trigger major progress in efforts to promote the rule of law.
Critics view the ICC as an undemocratic and unaccountable institution. They also see it as a forum for politicized prosecutions which impose a threat to their national security. Making such allegations, some key actors in international affairs such as the US, Russia, China, India and Israel are refusing to become parties to the ICC.
The Court’s opponents and proponents agree at least on one main issue: the ICC has a potential to influence states’ national politics so much that it may trespass on national sovereignty.
Moreover, in addition to its potential threats to states’ national sovereignty, ICC’s standing has been scrutinized, and debated upon, on a few other important issues such as _ whether ICC will be able to maintain a strict political neutrality, who ICC will hold responsible for collective wrongs of crimes against humanity, whether or not ICC will have deterrence effect on potential human rights abusers, how ICC’s indictments and prosecutions will affect other peaceful means of national reconciliation, etc.
As soon as international human rights activists’ attempts to get ICC Prosecutor’s attention on Burma’s human rights abuses start to gain significant momentum, the Burmese military leaders and their regional allies will start challenging the ICC’s investigations on Burma; by throwing the usual criticisms at ICC, they will try to discredit, and defy, any ICC’s investigations on Burma’s human rights abuses. The main issue which the regime will raise with all vigour is that the ICC imposing its jurisdiction on Burma amounts to an encroachment on Burma’s national sovereignty.
So, the book “Challenges ahead on Burma’s Road to ICC” examines the background history and the whole regime of ICC, comparing and contrasting it with other similar parallel international or supranational institutions wherever appropriate, with a view to assess whether advances towards universal jurisdiction over human rights protection jeopardise states’ national sovereignty; and if so, what measures are available to reduce such an adverse impact, but also highlighting the fact that states may exploit any restrictive measures limiting the ICC’s jurisdiction to render it virtually powerless.
And, the ultimate aim of international human rights activists, and also the aim of this book, is to argue that the ICC, despite all its actual and potential weaknesses, is a welcoming development in international quest for a universal Rule of Law. It so would imply that Burma needs to, and can safely, embrace ICC to get justice eventually brought to her indigent people long suffering under the heels of various forms of dictatorship.
Buy the book “Challenges ahead on Burma’s Road to ICC” on amazon.com
Proceeds from the sale of this book are all to be donated to non-governmental health-care charities in Burma.
December 19th, 2009 at 5:29 am
A similar situation is prevailing in Sri Lanka wher human rights activists are branded as traitors when they expose blatent human rights violations against all sectors of society.The ruthless assult and even death to such activists are not uncommon.There is also a blame game where the present administration accuses their political opponents of conniving with the western countries specially US UK and he EU in undermining the sovereignity of Sri Lanka.
The most disgusting aspect of such activity is the support the Buddhist monks are giving a autocratic government in the name of patritorism when they should preach non violence.A valient attempt is being made now to satisfy the minorities specially the Tamils who suffered for over 30 years by governments who came to power with the vote of the majority community.The Tamils also suffered from the most ruthless Terrorist organisation in the world the LTTE which was militarily defeated this year. The confinement of over 300 000 Tamils in internment camps without basic human facilities was condemned by the international community and the United Nations. It is believed that this large number of Tamils were taken by the LTTE as human shields when the armed forces drove them from their srtongholds in the north to a small area in the north eastern coastal belt. It was the contention of the government that the LTTE militants crept into these internment camps and had to weed them out before realeasing the civilians.The country is now going in for a Presidential election as the incumbent is seeking a reelection 2 years befor his term ends as he wants to take advantange of his popularity of defeating the LTTE. The irony of this is that the former Army Commander who led the onslught was praised as the best in the world by his Commander in Chief is now challenging him on grounds of severe corruption, impunity and supression of the freedom of the common man by imposing dranonian laws, indescriminate arrest and completly eliminating the opposition political parties.The Government is using public institutions such as Government run newspapers and TV stations to carry out election properganda.The private media including a few newspapers and TV stations are stiffled and prevented from disseminating any criticism by the opposition by goon gangs led by thugs including government ministers who threaten bodily harm and burning down of these establishments. The situation is so bad that the former Army Commander cannot rent out a house in Colombo as the owners are threatned with death.
It is no secret that the country is presently run by the President’s family specially the trio namely the Head of State ,Defence Secretary and Senior Advisor to Head of State.There are rumors that the ruling family is amassing enormous wealth in Sri Lanka and abroad. Neopotism, favouritism rules the day without even a symbol of meritocracy prevailing when appointments are made.It is impossible for a honest and dedicated government servant to work without threats and fear of being transferred to distant and rmote areas uprooting them from their families. This specially applies to Law enfrocement officers of the Police who are requested to carry out illegal arrests and assaults specially of opposition lawmakers.There is a case of an arrest of an opposition lawmaker and his wife on the false charge of pocessing drugs and remanded for over 6 weeks and later released by the Courts without any charge.
All Members of Parliament and over 110 ministers are provided security by the Armed forces who move with them in back up vehicles and high powered machine guns.Any wrong move by an ordinary motorist when these convoys are on the road run the risk of being shot without any questions asked. The head of State travels in a convoy with over 40 vehicles including ambulances the pedistrians have to go to side roads and not look at the convoy. Roads are invariably colsed for hours for the head of State to travel in the city of Colombo.The Head of State blatently flouts all the laws of the country and misuses helicopters and other modes of air travel.Not only him his spouse children and syblings go about in convoys and also uese air travel free of charge.When the Head of State goes on official or private visits abroad planes from the national air line or the budget air line named after him is chartered where all his henchmen travel free of charge.As a consequence both air lines again stuffed with the relatives of Head of State and the First Lady are running at an enormous loss . The Treasury always come to the rescue by pumping government funds to keep these air lines flying.
At present there is no opposition to the Government.After the 2005 election the Leader of the opposition who lost was deceived by the present Head of State inviting him to join a National Government.However behind the back of the Opposition Leader the Head of State wooed the opposition members to join the Government by promising ministerial portfolios and other perks.There are also rumors that these lawmakers were also bribed with cash etc.The oppotion members who were impatient and power hungry crossed over to the government taking advantge of a loop hole in the 1978 Constitution of Sri Lanka.Infact all the key portfolios such as Foreign Affairs,International Trade,Human Rights etc are held by these turn coats. The reason given by these turn coats is that the leader of the Opposition is weak and lost 14 elections.It clearly indicate what dirty politics are practised in this country!! It is so dirty tht after the Presidential election was announced three lawmakers from the opposition crossed over to the government and two were appointed ministers overnight.
The turn coat Minister for Human Rights always covers up all the atrocities of the Government and says that the western countries are undermining the sovereignty and territorial intergrety of Sri Lanka.This Minister’s secretary who was the Head of the Peace Secretariat is partician and is a politically appointed official who has an axe to grind with the Leader of the Opposition and redicules him at every turn.These are the so called protectors of Human Rights in Sri Lanka!!
The present situation in Sri Lanka is very similar to what was prevailing before the Military Junta took over in Burma and deprived Aung Sung Suchi from forming a government by popular vote.I feel that Sri Lanka is heading for a police State where the rule of law and human dignity and freedom will be severely curtailed by the dictitorial Head of State and his family.No person who values freedom of speech and movement will not be happy to live in Sri Lanka. Anyone who criticizes the government is branded as a traitor and all who support the government including a majority of Buddhist monks as well as clergy from other religious groups are patriots.
The recent state visit of the Head of the Military Junta of Burma to Sri Lanka confirms the close link with the Head of State in Sri Lanka which really boosted the image of this ruthless leader who had used military might to supress the people of Burma even shooting Buddhist monks at the last student uprising.It is predicted that a similar situation will arise in Sri lanka in not so distant past unless the present Head of State is voted out of office at the January 2010 elections which all Sri Lankans pray will be fair and devoid of violence.The Elections commissioner lamented the delay in establishing the Constitutional Council where the Elections Commission was an integral part of such a legislation.He compared the Elections commission in India which consists of non partician senior officials without any political affiliations and warned that if this trend is not followed in Sri Lanka even the appointment of such a Commission will be a national disaster.
In conclusion I would suggest that International Criminal Court initiate action to investigate all human rights violations in Sri Lanka by sponsoring an investigative journalist or a leading human rights activist to undertake a comparative study of such activity in Sri Lanka and Burma and perhaps Iran and crate a world opinion against such supressive governments in the world.
A poor Sri Lankan Law abiding Citizen