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- Genocide Case Against Myanmar’s Military Begins at the United Nations
Genocide Case Against Myanmar’s Military Begins at the United Nations
Trial over charges of genocide against Myanmar’s military begins at the International Criminal Court of Justice.

What Happened?
This week, representatives from Myanmar’s government told judges at the International Criminal Court of Justice (ICJ) that allegations of genocide were ‘unsubstantiated.’ Prior to the statement by Myanmar, Gambia's foreign minister, Dawda Jallow, claimed that Myanmar wanted to erase the minority Muslim population through its use of ‘genocidal policies.’
Last year, a United Nations report found enough evidence to warrant a formal investigation of the claims that Myanmar had committed genocide against Rohingya Muslims. Myanmar claims its military actions were justified, but the U.N. report alleged that ‘military necessity would never justify killing indiscriminately, raping women, assaulting children, and burning entire villages.’
Why it Matters
Myanmar’s military overthrew the civilian government in 2021, and since then, the country has endured waves of violence and civil war among a host of warring factions. The military rulers of Myanmar have long claimed that Islamic terrorists were the targets of their operations and that those military actions were necessary to defeat a serious threat to the security of the country. The U.N. report found that Myanmar’s military engaged in the indiscriminate killing of civilians and mass rape of women.
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Lawlessness in Myanmar has had an impact beyond the country’s borders. Human and drug trafficking, along with the running of large cyber scam centers, have increased transnational crime since the fall of the civilian government in Myanmar in 2021. International organizations, including the U.N., have documented many of those criminal activities.
Genocide is a term that was coined after the Second World War, and at that time it referred to systematic efforts of Nazi Germany to eliminate everyone of Jewish heritage in their territory. At least six million Jews were killed by the Nazis during World War Two, and following the war, an investigation into that effort resulted in the codification under international law of the concept of genocide.
The five criteria for genocide, as defined by the U.N. Genocide Convention, are acts committed with intent to destroy a national, ethnic, racial, or religious group.
Specifically, the five types of actions are: mass killing members, causing serious bodily or mental harm, deliberately affecting conditions of life to bring about physical destruction, imposing measures to prevent births, and forcibly transferring children to another group.
Meeting just one of these criteria, with the specific intent to destroy a group, constitutes genocide, not necessarily all five.
How it Affects You
Despite the widespread belief that genocide is immoral and the legal provisions outlawing it, proving genocide can be difficult. The Myanmar case is important because it is the first time a major international effort to prove genocide has been undertaken in the modern era, where nearly ubiquitous smartphones and other devices can record video of events. Whether widespread video recording capabilities will help or hinder genocide investigators will be tested during the trial.
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