The Burma Crisis: Civilian Targets without Recourse

• Author: Justin Bell
• Position: Lincoln Memorial University, Duncan School of Law
• Pages: 768-807

e Indonesian Journal of International & Comparative Law

ISSN: 2338-7602; E-ISSN: 2338-770X

http://www.ijil.org

© 2014 e Institute for Migrant Rights Press

rst published online 24 June 2014

768

Note. e inspiration to research and report on the situation in Burma came from my

wife, Iris Nunmawi Bell, and I would like to extend special thanks to her. Until 1989,

Iris was a citizen of Chin State in Western Burma and she witnessed rst-hand what life

under a tyrannical military regime is truly like. rough her personal experience, Iris

provided valuable insight and comments during the review process. Also, I would like to

express special thanks to Allison J. Scott, J.D. for her contribution in editing this report.

e Appendix photographs were courtesy of DigitalGlobe.

THE BURMA CRISIS

CIVILIAN TARGETS WITHOUT RECOURSE

JUSTIN BELL

Lincoln Memorial University – Duncan School of Law

E-mail: justin.steven.bell@gmail.com

Burma could be considered the “Mecca” for human rights violations. Located in

southeast Asia, Burma is a country ruled by a military government that has refused

to relinquish power to a publicly-elected democratic Parliament. ere have been

recent strides toward establishing a democracy; however, the democratic movement is

progressing at a stagnant pace. Meanwhile, many Burmese citizens continue to face

horric human rights violations, including torture and death, while the world stands

idly by and watches as these events unfold. is article provides a concise description

of the horric events that have occurred throughout Burma’s history and identies

what progression the country has recently made. However, this article reveals that such

progress is predominately “smoke in mirrors” and the ght to establish a democracy in

Burma must target the primary barrier to resolving this conict in order to maintain

international peace and security.

Keywords: Myanmar, Failing State, Human Rights, International Criminal Law, Crimes

Against Humanity, War Crimes, Rome Statute, Geneva Convention.

Justin Bell

THE BURMA CRISIS: CIIVILIAN TARGETS WITHOUT RECOURSE

769

I. INTRODUCTION

For over fty years the people of Burma have been forced to live under

the tyrannical rule of the Burmese military. e civilian population has

endured many of these years with little attention given to the atrocities

that have become commonplace within the Burmese culture. Even though

numerous attempts to re-instate democracy have been circumvented by

military eorts, the struggle to suppress military assaults on civilians has

become enamored in the hearts of Burmese victims and their families.

Nevertheless, horric crimes continue to be imposed upon civilians

throughout the various ethnic regions in Burma. ese crimes have reached

epidemic proportions and have cultivated through military attempts

to suppress armed ethnic insurgents. Since the 1990s, the Burmese

military has inicted widespread and systematic sexual violence, torture,

extrajudicial killings, forced displacement of over a million people, and

has forcibly recruited tens of thousands of child soldiers—an amount that

rivals any country in the world. A particular oense of interest involves

the military’s recent destruction or displacement of over 3,000 villages—a

number comparable to those reported in the Darfur conict.1

In 2007, the Saron Revolution, led by the Buddhist Monks, returned

the international spotlight onto Burma. is attention thrust into focus

the one person who embodies the Burmese struggle for democracy—

Nobel Peace Prize Laureate Daw Aung San Suu Kyi (“Aung San Suu Kyi”

or “Suu Kyi”). Her eorts have captivated many nations around the world

and through her detention and eventual release, many Burmese people

have regained hope for a new tomorrow. Yet, with the recent glimpse of

Burma’s apparent transition to democracy, there still remains a trail of

destruction in the wake of the Burmese Army.

1. International Commission of Inquiry on Darfur, Report of the International

Commission of Inquiry on Darfur to the United Nations Secretary-General, at ¶ 236,

Pursuant to Security Council Resolution 1564 of 18 September 2004 (January 25,

2005).

The Indonesian Journal of International & Comparative Law Volume I Issue 3 (2014) at 768–807

Justin Bell

770

II. HISTORY OF BURMA

Burma is a country located in Southeast Asia that is bordered by ailand,

Laos, China, India, and Bangladesh. Burma’s current population is

estimated in excess of 55 million.2 e Burmese people comprise the

largest ethnic group in the modern state and account for approximately

68 percent of the total population.3 Other ethnic nationality groups

inhabit individual regions or states throughout Burma. ese minority

groups form individual states, such as the Shan, Karen, Rakhine, Arakin,

Chin, Kachin, Karenni, and Mon—among others.4

Prior to the nineteenth century, Burma was a compilation of multiple

territories existing under the rule of various ethnic groups.5 In 1824,

the British commenced a military initiative to seize control of Burma

and eventually colonized the country in 1885.6 During World War II,

Japan seized control of Burma by forming a coalition with the Burma

Independence Army, which was led by General Aung San.7 However,

the quest to form an independent country led Burmese leaders to form

the Anti-Fascist People’s Freedom League (“AFPFL”). Ironically, with

assistance from the British, the AFPFL nally liberated Burma from

Japan’s clutches in 1945.8 Following WWII, the British resisted the initial

calls for independence by the Burmese nationalists; however, they later

acquiesced, due to eorts by General Aung San in forming an alliance

2. Burma, in T CIA W F, C I A, available

at https://www.cia.gov/library/publications/the-world-factbook/geos/bm.html

(last updated Mar. 26, 2013).

3. Id.

4. Id.; Ethnic Nationalities Council (Union of Burma), (Apr. 4, 2013), available

at http://www.encburma.net/index.php/about-enc.html; see also, e Special

Rapporteur of the Commission on Human Rights on the situation of human

rights in Myanmar, Report on the situation of human rights in Myanmar in

accordance with Commission resolution 1992/58, U.N. Doc. E/CN.4/1993/37,

para. 10 (Feb. 17, 1993) [hereinafter Special Rapporteur 1993].

5. J S, B, M R   P  S

3-5 (1977).

6. Id. at 5-6.

7. C F, L S: B U M R 21 (2001).

8. Burma Prole: Timeline—A chronology of key events, Asia-Pacic, BBC N, (Apr.

2, 2013, 8:00 AM), http://www.bbc.co.uk/news/world-asia-pacic-12992883

[hereinafter Burma Prole].