On 19 August 2022, the Myanmar Accountability Project (MAP) hosted a webinar to coincide with the first anniversary of when the Myanmar’s National Unity Government (NUG) made public its Declaration under Article 12(3) of the International Criminal Court (ICC) Statute that it accepts the jurisdiction of the Court.
At the event, we published of a legal opinion commissioned by MAP that sets out the arguments about why ICC has an obligation to accept the NUG’s Declaration and examined what could flow from this.
The following summary note provides an overview of the key outcomes from the event.
The panel included:
- Aung Myo Min, Minister for Human Rights, National Unity Government, (NUG) Myanmar
- Dr Ralph Wilde, Faculty of Laws, University College London (UCL), University of London
- Wai Wai Nu, Founder and Executive Director, Women’s Peace Network
- Antonia Mulvey, Founder and Executive Director, Legal Action Worldwide (LAW
- Justice Richard Goldstone, Founding Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda; retired Justice of the Constitutional Court of South Africa
The webinar was moderated by Chris Gunness, Director of the Myanmar Accountability Project.
Panelists and audience members were tasked to produce a list of actions that would result in strong action by the ICC. The list below has been drafted by MAP and includes the following key actions.
For the ICC
- The ICC must formally accept the NUG declaration to come within the jurisdiction of the court.
- The ICC Prosecutor should initiate an investigation into crimes committed since the failed coup of February 2021 and seek authorisation from the Court to do so.
- The ICC must find innovative ways to engage and collect evidence from victims and civil society organisations that are sensitive to their needs and their security.
- The ICC must make efforts to understand what victims and their communities want,
- The ICC Prosecutor must make good on his promise to the Rohingya to prioritise their case and make more visits to places like Bangladesh to meet victims.
For State Parties to the ICC Statute and UN Member States
- One or more of the State Parties of the Rome Statute should refer the situation of Myanmar since the coup to the ICC for investigation.
- The UK, as penholder on Myanmar at the United Nations Security Council, must table a resolution including a referral of Myanmar to the ICC. If Russia and/or China veto any resolution on Myanmar, it must explain its actions to the General Assembly.
- The UN General Assembly should adopt a resolution (by a majority vote) requesting the establishment of an ad hoc tribunal on Myanmar as was done with Cambodia.
For Civil Society, NGOs and INGOs
- Support survivors of crimes in Myanmar to send ‘Victims Submissions’ to the ICC under Article 15 of the Rome Statute.
- Identify State Parties to the Rome Statutes who have made statements in support of accountability in Myanmar and lobby them to make a referral of Myanmar to the ICC.
- Identify member states that have supported the International Court of Justice (ICJ) case brought by The Gambia against Myanmar and lobby them to refer Myanmar to the ICC.
- The ICC Coalition in the Hague should take up this issue and approach members of the Assembly of States Parties (ASP) to prioritise Myanmar and launch an investigation.
- Involve academics around the world in supporting MAP’s legal opinion on the ICC and request that leading academics and student groups should call for action by the ICC.
For Members of the Public
- Check if their country is a state party to the Rome Statute and, if so, lobby their government to refer Myanmar to the ICC.
- Put public pressure on the ICC Prosecutor to respond to the NUG Declaration and launch an investigation.
- Identify parliamentarians, parliamentary committees and policy makers that have made statements in support of accountability in Myanmar, and write to them demanding a referral of Myanmar to the ICC and recognition of the NUG. These groups and individuals might include MPs, Ambassadors, and EU Committees
- Create social media campaigns with like-minded citizens to have the NUG Declaration accepted by the ICC.
- Write to the ICC Prosecutor demanding an investigation into events in Myanmar since the coup on 1 February 2021
- Write to states parties demanding they refer Myanmar to the ICC.