Is it Time to Take Than Shwe to International Criminal Court?
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By ARKAR MOE |
Wednesday, May 20, 2009
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East Timor President Jose Ramos-Horta and the Burma Lawyers’ Council have announced they are ready to appeal to the International Criminal Court (ICC) to charge Snr-Gen Than Shwe with criminal acts. The ICC was established in 2002 as a permanent international tribunal to prosecute individuals for genocide, crimes against humanity and war crimes. The court’s Pre-Trial Chamber can authorize its Prosecutor’s Office to open an investigation on the basis of information received from outside sources. Ramos-Horta, a Nobel Peace Prize laureate, said he would appeal to the ICC to investigate Burma’s ruling junta if it fails to free Aung San Suu Kyi, who was arrested last week and is standing trial on what many say are trumped up charges.
The Burma Lawyers’ Council (BLC) said on Saturday it will seek to restore the rule of law to Burma by asking the ICC to launch an investigation into human rights abuses and violations of international law in Burma.
Nan Shan Hpound, a team leader of the BLC Working Team for the International Criminal Court, told The Irrawaddy, "Now we are gathering evidence and collating information on how to prosecute the military generals in the International Criminal Court.”
Ramos-Horta said he will urge the Office of the Prosecutor of the ICC to investigate and prosecute Sen-Gen Than Shwe and other responsible leaders of the State Peace and Development Council for crimes committed under their leadership.
The ICC has jurisdiction to investigate and prosecute crimes which have been committed or are being committed if a given state’s judicial system is unable or unwilling to investigate and take legal action to ensure justice.
Aung San Suu Kyi, who is now being tried for violation of her house arrest, is being detained under the State Protection Law of 1975. The government is permitted to detain her for five years under that law. Contrary to law, they have already held her in detention for almost six years.
The Women’s League of Burma (WLB) said it also supports a move to appeal to the ICC and called for the international community to join in referring Snr-Gen Than Shwe and others to the ICC.
Lway Aye Nang, the general-secretary of the WLB, told The Irrawaddy, "The time has come to say enough is enough. The United Nations should invoke its responsibility-to-protect mechanism and establish a commission of inquiry to investigate crimes against humanity in Burma. The Burmese military ignores all international laws and uses rape as a weapon of war. Snr-Gen Than Shwe is a real criminal.”
International condemnation against the Burmese military government has increased as a result of its recent arrest and prosecution of Suu Kyi, who faces a five-year prison sentence if she is found guilty of violating the terms of her house arrest. She has been under house arrest for 13 of the past 19 years.
 COMMENTS (26)
Tom Tun Wrote: |
27/05/2009 |
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Plan B, Bo Bo, KKK,
Hey guys, ICC is not a joke if the court really wants to justify the crime. For instance, Saddam Husein, now Bosnia Serbian leader, also Eickman of Nazi party and the Sudan president at this moment is on trial.
If ICC decided to charge Than Shwe, Chinese or Russian can not stand in the way, because they are part of that organization. That is why their agreement is always important. By their veto power they can accept or reject.
World is more complicated than 1000 words in Irrawaddy disscussion. If ICC issue warrant to a person, international trops will bring the person in. In Bosnia case, US marine, Eickman was brought in by Mossad of Israel and so on.
Plan B said Burma case is different, yes, every international humanity crimes are different. But, crime is crime. If there is prove, there must be justice. We only need to push ICC and we need to prove crimes were committed. We need to do more for Russia and China stand with us. They are a little insensitive. |
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Aung M. O. Wrote: |
26/05/2009 |
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If DASSK is put behind bars for crimes she did not commit, why shoudn't we be able to put Than Shwe in the docks of ICC, who had committed crimes listed as:
- Covert plot to assissinate DASSK at De-Pe-Yinn (Than Shwe, himself, confessed to MI Gen Kyaw Win- that he is the mastermind); almost a hundred killed;
- '07 Sept shooting/killings of un-armed monks;
- Crimes against humanity in Nargis crisis - no need to explain as the whole world knows etc;
Just to name a few. |
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To Bo Bo:
I totally agree with you. That's what I have been saying all the time. We, Burmese need to have courage like the Taliban and Palestinians. Where are the KNU, KNDO, KIO, KIA, SSA, PLO? These ethnics people should learn something from Muslim women in Afghan, Palestine and Iraq. |
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To kkk,
I hate those generals as much as you do, but be realistic—who will bring them to court? Nobody will touch them because of China and Russia (and no benefit for them). That’s why those generals don’t give a f… Going inside Burma and assassinating those idiots will be more effective than doing unrealistic things. It’s not the Burmese way, but I think it’s time for some action.
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Tin Aye Khin Wrote: |
22/05/2009 |
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| Yes, it is. It is even very late. |
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bystander:
Great common sense. Dealing with SPDC will need all possible diplomatic and political engagements. Until that serious nature of SPDC is realized the present quagmire will persist and so will the sufferings.
Now tell me, besides contributors like Aung Zaw, Wai Moe, etc, have you seen lots of opinions reflecting that realities?
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"Hey, Plan B, I think you should do some research about the Sudanese President. He is in power and he is on trial, accused of crimes against humanity."
I stand corrected. Thank you for the info. However the Sudan situation is absolutely different if I may suggest. It is a safe indictment without teeth. Besides the last I heard not all countries beyond Europe and some in Africa support ICC.
ICC is a political organization. Beside UK the EU, opinions mean nothing to the SPDC. |
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| To Bo Bo: We are not dreaming. We are doing it. Small steps, but it can be a big change. |
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Tom Tun Wrote: |
21/05/2009 |
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Hey, Plan B,
I think you should do some research about the Sudanese President. He is in power and he is on trial, accused of crimes against humanity.
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| Dom's right: this article avoids the huge impracticalities involved. The Security Council could refer Than Shwe to the ICC, but I wouldn't hold your breath waiting for that to happen. |
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amara roberts Wrote: |
21/05/2009 |
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I think it's about time all Burmese exile groups united in calling for ICJ's action to indict Than Shwe and his cartel.
When they failed to provide much-needed assistance to the Nargis-hit people, that was reason enough to take them to the ICJ. They let their own people die and starve and refused those who wanted to help. If that is not a crime against humanity I don't know what is.
My plea to exile groups is, stop in-fighting and bickering like chickens in a basket, and start doing something substantive for a change. |
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| I'm just wondering who will go arrest him if they put him on trial. |
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What? Do you think the ICC will be able to charge Than Shwe? If so, why has Than Shwe sat on his golden throne for more than two decades? The ICC should do it by itself not after by hearing from the reporters.
The Cambodian case and Burmese case are not the same. Do what is right and don't shout from outside the country with dreams. Solving the urgent problems of the civilians is more important than charging Than Shwe. Stop dreaming! |
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Thain Win Wrote: |
21/05/2009 |
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To appeal to the International Criminal Court (ICC) to charge Snr-Gen Than Shwe and other generals with criminal acts is the only option left. Believe me, there is no other option.
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bystander Wrote: |
21/05/2009 |
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If someone said they would punish you, would you step down from your position? That's nonsense.
We already know what happened when NLD members said they would take the juntas to criminal court once they got into power.
Who would step down knowing he will be killed or punished if he does so?
Nobody bothers Burma, apart from saying this and that. There has been no action! The only thing we can do is to cooperate with them, because if you can't compete, you have to complete. |
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nicholas Wrote: |
21/05/2009 |
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| The self-elected fascist military dictators in Burma should have been taken to the ICC the day it was opened in 2002. The UN will never get anywhere with China holding veto power. It`s too busy lining its pockets with trade and arms supplies. |
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mohamad Sayed Wrote: |
21/05/2009 |
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| This stupid Than Shwe and his fellow generals should be arrested and tried, for they are guilty of crimes against humanity in Burma. |
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Will Heron Wrote: |
21/05/2009 |
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| There is no good reason why Suu Kyi should have been detained all these years. The regime fears her. The Burmese people outnumber the regime and its thugs. A "perfect storm" can be created, such as the one that freed political prisoners in Columbia. If the American swimmer could get in -- put the right weapons into the right hands and Suu Kyi and Burma will be free. |
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Again, let's not detract with this wanton article.
"No sitting government has ever been indicted while they are in power."
If Pol Pot got away with killing millions right under the nose of the ICC, do you expect the ICC to indict Than Shwe?
ICC is a non-Asian organization whose members have directly and indirectly contributed to this present quagmire in Burma.
Keep up the exposure of present idiocies of the SPDC, not the other less pertinent ones for now.
What Than Shwe did might still rise to the level that the ICC might be called to intervene, but not now.
Those who seek ICC involvement should remember the adage: "Don't ask for something you don't want..." Let's not muddy the water. |
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Tom Tun Wrote: |
21/05/2009 |
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| Hey, what a great idea! Let's push Ban Ki-moon and his 5 monsters of the UN to listen of the idea. |
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| If now is not the time to take these generals to the ICC, then when? After they have killed fifty million Burmese? If these generals are not criminals, none of the prisoners in Burma are criminals. |
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shwemoe Wrote: |
21/05/2009 |
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Yes, it is time to take Than Shwe to the International Criminal Court for crimes against humanity and also boot Myanmar out of the UN.
It is time to put the money where the mouth is.
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George Than Setkyar Heine Wrote: |
20/05/2009 |
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| Look, you ladies are like the cart pulling the oxen in this case. You make the oxen to pull the cart, right? Who's going to bring Than Shwe or his thugs to the ICC in the first place. You lawyers? No way, people. |
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| I love The Irrawaddy, but the article "Is it Time to Take Than Shwe to International Criminal Court?" doesn't realistically portray the problems involved with bringing Burma before the ICC. First of all, Burma is not a party to the Rome Statute, and hence the court has no jurisdiction over it. Second, arresting a few political prisoners - as horrible as that may be - does not constitute a crime against humanity or fall under any of the categories the ICC is allowed to prosecute. Finally, East Timor aside, few countries would really want to set a precedent of the ICC prosecuting a leader just for being undemocratic. |
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| One more thing they do is fire weapons directly onto small clinics which are clearly marked in the usual manner. |
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