International Humanitarian Law (reports of violations in Burma)

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Websites/Multiple Documents

Title: Association of Humanitarian Lawyers: Archive of Documents
Description: The Karen Parker Home Page for Humanitarian Law...Several written and oral statements on Burma to U. S. and U.N. bodies. Focus on international humanitarian law (laws of war, armed conflict. Keywords: Karen, Karenni, War Crimes, Crimes Against Humanity, International law, violations of human rights law, violations of humanitarian law, armed conflict, Laws of War, Self-Determaination, United States Policy.
Creator/author: Karen Parker
Source/publisher: The Karen Parker Home Page for Humanitarian Law
Date of entry/update: 2010-11-19
Grouping: Websites/Multiple Documents
Language: English
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Individual Documents

Title: Top Eight Developments in International Law 2019
Description: "For those who support and believe in the power of international law to effect positive change in the world, 2019 was difficult. There were however a number of important bright sparks, in the form of efforts to negotiate treaties on the protection of marine biodiversity, business and human rights, and the elimination of work place harassment; as well as spotlights shone by national and international courts on the plight of some of the world’s most vulnerable people. The past 12 months have both highlighted the political limits within which international law operates, and the good it can achieve within those boundaries. This post reflects on some of the most important new cases, treaties, and events; as well as the international legal order’s most difficult challenges. 1) Climate change and loss of biodiversity accelerate Climate emergency is Oxford’s word of the year and, as we are closing out the warmest decade on record, evidence of global warming seemed to be everywhere. The ferocity of forest fires both in the Amazon and in areas of Australia, fuelled by extreme drought, are but one worrying example. They also illustrate the limits of international law’s ability to force change on governments who are unwilling to accept it. Against this dark backdrop, the 2015 Paris Agreement’s achievements look modest. Climate change poses an existential challenge to international law, in that it affects almost everything it regulates. International cooperation is our only hope of tackling it, but it is difficult not to question whether the existing international legal architecture is up to the challenge..."
Creator/author:
Source/publisher: Oxford University Press (Oxford)
Date of publication: 2020-01-03
Date of entry/update: 2020-01-06
Grouping: Individual Documents
Language:
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Title: Legal Memorandum: War Crimes and Crimes against Humanity in Eastern Myanmar
Description: Conclusion: "...This memorandum describes a Myanmar military counterinsurgency offensive that involved the widespread targeting of civilians in northern Kayin State and eastern Bago Division. Myanmar Army soldiers fired mortars at villages, opened fire on fleeing villagers, destroyed homes, laid landmines in civilian locations, forced villagers to work and porter, and captured and executed civilians. The impact on the population was massive. Tens of thousands of individuals were displaced during the campaign and many were killed. In Thandaung Township—the area which was the focus of the Clinic?s investigation—nearly every village was affected by the Offensive and almost all of the villagers residing in black areas were forced to flee. Evidence collected by the Clinic during the investigation demonstrates that the actions of Myanmar Army personnel during the Offensive constitute crimes under international criminal law. These crimes include the war crimes of attacking civilians, displacing civilians, destroying or seizing the enemy?s property, pillage, murder, execution without due process, torture, and outrages upon personal dignity, and the crimes against humanity of forcible transfer of a population, murder, enslavement, torture, and other inhumane acts. The Clinic has also collected evidence relevant to the war crime of rape, as well as the crimes against humanity of rape and persecution. More research and analysis is necessary to determine whether these crimes could be included in a criminal case associated with the Offensive..."
Source/publisher: International Human Rights Clinic at Harvard Law School
Date of publication: 2014-11-05
Date of entry/update: 2014-11-06
Grouping: Individual Documents
Language: English
Format : pdf
Size: 850.42 KB
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Title: Nyaunglebin Interview: Saw My---, May 2011
Description: "This report contains the full transcript of an interview conducted by a KHRG researcher in May 2011 with a villager from Ler Doh Township, Nyaunglebin District. The researcher interviewed Saw My---, a 45 year-old farmer who described his experiences when he was forced to leave his village in a mixed-administration area and live for two years in a neighbouring village, including specific incidents in which Tatmadaw soldiers fired small arms at children in school uniforms, forced women to serve as human shields for Tatmadaw columns during patrols, and ordered villagers at gunpoint to leave their homes and possessions during the rainy season. He further cited the following abuses: movement restrictions; forced labour; and arbitrary taxation and demands. Saw My--- also highlighted the difficulties his village currently faces accessing health care and education, but explained that villagers counter these difficulties by using traditional medicine and by hiring and supporting local teachers."
Source/publisher: Karen Human Rights Group (KHRG)
Date of publication: 2011-08-04
Date of entry/update: 2012-02-18
Grouping: Individual Documents
Language: English
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Title: Request for Inquiry: Service history of Myanmar Ambassador to South Africa
Description: "This briefing document summarises research conducted by KHRG regarding the service history of Tatmadaw Brigadier General Myint Naung, and documented incidents of abuse reported to have been perpetrated by units Brigadier General Myint Naung may have commanded as Operation Commander of Tatmadaw Military Operation Command (MOC) #4. This information raises serious questions and concerns regarding the background of the current Myanmar Ambassador U Myint Naung. The South Africa government should therefore seek to obtain further information from the Myanmar government that can clarify the Ambassador?s service record in the Tatmadaw, and follow up with inquiries regarding any specific incidents of serious abuse perpetrated by units under his command. Such steps are within South Africa?s rights under international law governing diplomatic relations, and consistent with all states? duty under customary international humanitarian law to ensure respect for international humanitarian law erga omnes. KHRG believes that such an inquiry would contribute to raising opportunity costs for potential perpetrators of serious abuse in Burma as well as supporting domestic reforms, potentially precipitating positive changes in abusive Tatmadaw practices that could ultimately reduce the frequency with which certain abuses occur, while supporting the strategies used by local communities in Burma to claim their human rights on a day-to-day basis. This document was compiled by KHRG in response to queries by journalists and advocacy organisations in South Africa regarding the background of the Myanmar Ambassador."
Source/publisher: Karen Human Rights Group (KHRG)
Date of publication: 2011-11-25
Date of entry/update: 2012-01-23
Grouping: Individual Documents
Language: English
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Title: Attacks on Health and Education: Trends and incidents from eastern Burma, 2010-2011
Description: "This report presents primary evidence of attacks on education and health in eastern Burma collected by KHRG during the period February 2010 to May 2011. Section I of this report details KHRG research methodology; Section II analyses general trends in armed conflict and details a loose typology of attacks identified during the reporting period. Section III applies this typology to 16 particularly illustrative incidents, and analyses them in light of relevant international humanitarian law and UN Security Council resolutions 1612, 1882 and 1998. These incidents were selected from a database detailing 59 attacks on civilians documented by KHRG between February 2010 and May 2011."
Source/publisher: Karen Human Rights Group (KHRG)
Date of publication: 2011-12-06
Date of entry/update: 2012-01-19
Grouping: Individual Documents
Language: English
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Title: Definitional ambiguity and UNSCR 1998: Impeding UN-led responses to attacks on health and education in eastern Burma
Description: "This paper highlights impediments to effective international responses to attacks on health and education in eastern Burma presented by lack of clarity regarding the meaning of ?attacks” within the monitoring and reporting framework established by UN Security Council resolutions 1612 and 1998. In order to address this definitional ambiguity and enable recent developments in the UN Security Council to potentially provide support to communities facing attacks in eastern Burma, this paper argues for interpreting ?attacks” in a fashion that is consistent with applicable international humanitarian law. The analysis below concludes that UN-led monitoring, reporting and response pursuant to UNSCRs 1612 and 1998 should include acts by parties to armed conflict that both: a) violate relevant international law; and b) attack or threaten to attack personnel related to schools or medical facilities and/ or destroy, damage or force the closure of a school or medical facility."
Source/publisher: Karen Human Rights Group (KHRG)
Date of publication: 2011-12-06
Date of entry/update: 2012-01-18
Grouping: Individual Documents
Language: English
Format : pdf
Size: 62.71 KB
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Title: Report to the Senate Foreign Operations Subcommittee
Description: Testimony of Karen Parker J.D. before the Foreign Operations Sub-Committee Senate Appropriations Committee. " The three features of the situation of human rights in Burma described in my 1993 statement are still valid today: (1) the State Law and Order Restoration Council (SLORC) regime is illegitimate yet continues in power; (2) the regime continues to be particularly brutal; and (3) armed conflict continues, primarily involving the ethnic nationalities who have been fighting against the SLORC regime and its predecessor governments. Violations of armed conflict law, as set out in the Geneva Conventions of 1949 and all customary humanitarian law, continue to be violated. Thus, the SLORC regime continues to commit grave war crimes..." Keywords: Karen, Karenni, War Crimes, Crimes Against Humanity, International law, violations of human rights law, violations of humanitarian law, armed conflict, Laws of War, United States Policy.
Creator/author: Karen Parker
Source/publisher: The Karen Parker Home Page for Humanitarian Law
Date of publication: 1995-07-25
Date of entry/update: 2010-11-22
Grouping: Individual Documents
Language: English
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Title: Report to the U.S. House Subcomittee on Asian and Pacific Affairs(1993)
Description: Testimony of Karen Parker J. D. before the House Committee on Foreign Affairs Sub-Committee on Asian and Pacific Affairs. Main headings: Illegitimacy of SLORC; G ross violatoins of human rights; Armed Conflict; The NDF/DAB-SLORC War; The Karenni-SLORC War; U.S. Policy. "I am pleased to have this opportunity to provide the Sub- Committee with information regarding Burma and my views on what United States policy should be towards that country... This statement will set out the situation in Burma from the point of view of international law norms. It will also present actions taken at the United Nations and its human rights bodies, including a review of Aung San Suu Kyi?s case at the Working Group. It will conclude with recommendations regarding United States policy. There are three salient features of the situation of human rights in Burma: (1) the current regime is illegitimate; (2) the regime is particularly brutal; and (3) there is wide scale armed conflict, primarily involving the ethnic nationalities who have been fighting against the SLORC regime and its predecessor governments..."
Creator/author: Karen Parker
Source/publisher: The Karen Parker Home Page for Humanitarian Law
Date of publication: 1993-00-00
Date of entry/update: 2010-11-22
Grouping: Individual Documents
Language: English
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Title: Dying Alive - A Legal Assessment of Human Rights Violations in Burma
Description: AN INVESTIGATION AND LEGAL ASSESSMENT OF HUMAN RIGHTS VIOLATIONS INFLICTED IN BURMA, WITH PARTICULAR REFERENCE TO THE INTERNALLY DISPLACED, EASTERN PEOPLES..."For over a decade, the United Nations and Human Rights organisations have documented systematic and widespread human rights violations inflicted on the people of Burma generally, and on the ethnic people in particular. Most reports, however, with the exception of some references to Article Three of The Geneva Conventions, have refrained from conceptualizing the violations in terms of International Humanitarian Law. This report addresses that gap and, in the aftermath of the State organised ambush of Daw Aung San Suu Kyi?s convoy on May 30, 2003; the ongoing, widespread, systematic destruction of substantial parts of the eastern ethnic peoples; and the failure to end impunity, recommends a period of consultation, education and consensus building to explore the practicality, political appropriateness, and morality of applying and enforcing relevant International Humanitarian Law. This report analyses the human rights violations, identified by, amongst others, UN Special Rapporteurs for human rights and Amnesty International, and expressed in UN General Assembly Resolutions, that have been inflicted on the people of Burma for decades..." NOTE ON FORMAT: There is a glitch in the CD the online version is based on, with lines from the next page creeping onto the current page. This will be fixed eventually. There is also a plan to break the text up into managable chunks.
Creator/author: Guy Horton
Source/publisher: Guy Horton, Images Asia
Date of publication: 2005-04-00
Date of entry/update: 2006-05-03
Grouping: Individual Documents
Language: English
Format : pdf
Size: 4.69 MB
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