Aung San Suu Kyi may face Rohingya genocide charges

Zeid Ra’ad Al Hussein, is determined that the perpetrators of the horrors committed against the Rohingya face justice.

He’s the head of the UN’s watchdog for human rights across the world, so his opinions carry weight.

It could go right to the top – he doesn’t rule out the possibility that civilian leader Aung San Suu Kyi and the head of the armed forces Gen Aung Min Hlaing, could find themselves in the dock on genocide charges some time in the future.

Earlier this month, Mr Zeid told the UN Human Rights Council that the widespread and systematic nature of the persecution of the Rohingya in Myanmar (also called Burma) meant that genocide could not be ruled out.

“Given the scale of the military operation, clearly these would have to be decisions taken at a high level,” said the high commissioner, when we met at the UN headquarters in Geneva for BBC Panorama.

That said, genocide is one of those words that gets bandied about a lot. It sounds terrible – the so-called “crime of crimes”. Very few people have ever been convicted of it.

The crime was defined after the Holocaust. Member countries of the newly founded United Nations signed a convention, defining genocide as acts committed with intent to destroy a particular group.

It is not Zeid Ra’ad Al Hussein’s job to prove acts of genocide have been committed – only a court can do that. But he has called for an international criminal investigation into the perpetrators of what he has called the “shockingly brutal attacks” against the Muslim ethnic group who are mainly from northern Rakhine in Myanmar.

But the high commissioner recognised it would be a tough case to make: “For obvious reasons, if you’re planning to commit genocide you don’t commit it to paper and you don’t provide instructions.”

“The thresholds for proof are high,” he said. “But it wouldn’t surprise me in the future if a court were to make such a finding on the basis of what we see.”

By the beginning of December, nearly 650,000 Rohingya – around two thirds of the entire population – had fled Myanmar after a wave of attacks led by the army that began in late August.

Hundreds of villages were burned and thousands are reported to have been killed.

There is evidence of terrible atrocities being committed: massacres, murders and mass rapes – as I heard myself when I was in the refugee camps as this crisis began.

What clearly rankles the UN human rights chief is that he had urged Ms Suu Kyi, the de facto leader of Myanmar, to take action to protect the Rohingya six months before the explosion of violence in August.

He said he spoke to her on the telephone when his office published a report in February documenting appalling atrocities committed during an episode of violence that began in October 2016.

“I appealed to her to bring these military operations to an end,” he told me. “I appealed to her emotional standing… to do whatever she could to bring this to a close, and to my great regret it did not seem to happen.” (Courtesy Reuters)

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