Gaping holes in global accountability for Rohingya genocide
https://arab.news/pjzg2
The plight of the Rohingya people represents one of the most urgent humanitarian crises of our time. Decades of persecution and systematic discrimination have rendered the Rohingya stateless and vulnerable, with successive governments in Myanmar perpetuating egregious human rights violations. In the wake of the 2021 coup, their suffering has only intensified, necessitating immediate and concerted international intervention.
Despite broad humanitarian assistance and widespread condemnation of the actions against them, the Rohingya continue to endure unimaginable hardships, exacerbated by regional neglect and a lack of organized representation on the global stage. A recent groundbreaking paper from the New Lines Institute on the politics of accountability has highlighted some gaping holes in global accountability.
The Rohingya people have faced genocide and crimes against humanity for decades, primarily perpetrated by Myanmar’s military. The massive outbreak of violence in August 2017 led to a wave of legal cases regarding these crimes. Investigations and lawsuits have been filed in national and international courts against the Myanmar government and military leaders.
Two main investigations have taken place since August 2017. The first, the Independent International Fact-Finding Mission on Myanmar, detailed numerous human rights violations against the Rohingya and other minority groups and concluded that the events had genocidal intent. The second, the Rosenthal report, examined the UN’s failures in appropriately responding to the Rohingya situation.
Lawsuits have been a primary tool in addressing the Rohingya situation. Shortly after the 2017 genocidal purge, a lawyer in Australia filed a prosecution against then-State Counsellor Aung San Suu Kyi, which was dismissed. The International Criminal Court prosecutor opened a preliminary investigation into the 2017 exodus into Bangladesh and Rohingya survivors have participated in a universal jurisdiction case in Argentina. In 2023, another universal jurisdiction case was filed in Germany, including Rohingya survivors.
One of the most significant legal proceedings is Gambia v. Myanmar at the International Court of Justice, alleging that Myanmar breached its obligations under the Genocide Convention based on the events of August 2017. The court granted provisional measures to stop genocidal acts against the Rohingya and preserve evidence related to the case. The international community now waits for the next set of hearings.
Noticeably absent from these lawsuits are corporate actors, which are often lesser-discussed participants in international criminal law. Routine business can sometimes make corporations complicit in or aid and abet genocide, exacerbating conditions for victims.
In 2016, the Kofi Annan Foundation and the Myanmar State Counsellor’s Office formed the Advisory Commission on Rakhine State. Its mandate focused on development, peace and reconciliation, security and humanitarian issues in Rakhine. Despite criticisms and calls for its cancellation, the commission produced its final report in August 2017, detailing several recommendations for a peaceful, fair and prosperous future for Rakhine’s people.
The report highlighted the “development crisis” in Rakhine, marked by chronic poverty, protracted conflict, insecure land tenure and lack of livelihood opportunities. It also noted the importance of large-scale development projects and special economic zones, urging the inclusion of local communities in economic processes and compensation for appropriated land. However, the advisory commission failed to recommend incorporating a human rights regime with corporations, a missed opportunity given the UN Guiding Principles on Business and Human Rights.
The New Lines Report highlighted four important court cases with regard to the Rohingya genocide and engagement with perpetrators of genocide. These cases serve to emphasize the importance of due diligence practices, pursuing strategies for corporate accountability and ensuring there is a remedy when there is corporate participation or complicity in cases of genocide.
The first two corporations involved in these cases, Facebook and Telenor, are considered part of the telecommunications industry. The telecommunications sector was part of Myanmar’s “ambitious economic, political and governance reform program,” whereby the sector was “liberalized to attract foreign investment, create jobs, support development of the local IT industry and promote ICT as a catalyst for social and economic change.” Despite warnings from Human Rights Watch and other organizations about the potential for abuse in this sector, the international community assisted in growing it and companies started doing business in Myanmar.
The third corporation is involved in the oil and gas sector in the Arakan. This project, in partnership with other companies, involved significant financial investments that directly benefited the junta. Lastly, the involvement of British American Tobacco and Rothmans Myanmar Holdings Singapore in the tobacco industry illustrates how business dealings have propped up the military regime, contributing to the overall conditions that facilitated the Rohingya genocide.
Absent from the lawsuits are corporate actors, which are often lesser-discussed participants in international criminal law.
Dr. Azeem Ibrahim
The road to justice for the Rohingya has been long and arduous, marred by systemic violence and international indifference. Despite numerous reports detailing their persecution, accountability remains elusive. The international community must intensify efforts to bring perpetrators to justice, ensuring that those responsible for ethnic cleansing and human rights abuses face consequences. Persistent advocacy, legal action in international courts and sustained diplomatic pressure are crucial.
Achieving justice for the Rohingya is not just about retribution; it is about restoring their dignity and preventing future atrocities. The fight for justice must continue, unwavering and relentless, until true accountability is achieved.
- Dr. Azeem Ibrahim is the director of special initiatives at the Newlines Institute for Strategy and Policy in Washington, DC. X: @AzeemIbrahim
