Source · Select Committees · Foreign Affairs Committee
Recommendation 23
23
Accepted
Paragraph: 39
At the heart of this coup is the belief in impunity.
Recommendation
At the heart of this coup is the belief in impunity. The generals leading the junta believe they can act without consequence. It is vital that the international community demonstrates that this is not the case. Not only is it important that those responsible for crimes against civilians in Myanmar are held accountable, but also that others who would commit similar crimes in future can see that violations of international law have real consequences. The Government should not allow the military leaders to operate with impunity, and without the prospect of facing justice.
Government response summary AI-generated
The UK government agrees on the need for justice and accountability, committing £500,000 to the Independent Investigative Mechanism for Myanmar and establishing the 'Myanmar Witness' programme to collect and preserve evidence of international law violations.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference:
39
Government Response
Accepted
HM Government · verbatim extract
Accepted
The UK Government agrees that the culture of impunity is deeply embedded within the Tatmadaw. We are clear that there must be justice and accountability. We continue to work to ensure that evidence of violations of international law is collected and preserved for use in future prosecutions. On 1 April, the UK committed £500,000 to the Independent Investigative Mechanism for Myanmar to bolster their evidence gathering capabilities. We have also established the “Myanmar Witness” programme which is gathering evidence from individuals and civil society, verifying and preserving it to a prosecutorial standard. We hope that this added spotlight on the military’s actions will serve as a deterrent. It also increases the prospect of genuine accountability and criminal prosecutions in the future. 24. We recommend that, should other accountability efforts fail, the Government publicly state its support for referring those responsible for the situation in Myanmar to the International Criminal Court. (Paragraph 40) The UK is clear that there must be accountability for the actions of the Tatmadaw, both during and since the coup, and previously against ethnic minorities, including the Rohingya. The UK continues to raise the issue of accountability, including at the UN Security Council. There is currently insufficient support at the UNSC for a referral to the International Criminal Court. An unsuccessful referral will only embolden the Tatmadaw, and feed their culture of impunity. 25. We recommend that the UK Government announce its intention to intervene in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) at the International Court of Justice. (Paragraph 41) The UK strongly supports the International Court of Justice (ICJ) process which is putting pressure on Myanmar to protect the Rohingya. We are clear that Myanmar should comply with the provisional measures ruling. We have reiterated our support to the ICJ process in Parliament, at the UN Security Council, and through public statements. We provided funding to enable Rohingya refugees to attend the ICJ hearing in December 2019. The case will develop significantly in the coming months. We are monitoring developments closely and will consider the legal arguments once they are made available to establish whether a UK intervention would add value.
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