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IFDH : Aung San Suu Kyi’s Case to ICC

Noble laureate,the detained opposition leader Daw Aung San Suu Kyi,complete six years of continuous detention on May 27 as per the Burmese law, she should be freed said Nyan Win spokesperson of the National League for Democracy. NLD the party led by Aung San Suu Kyi, had appealed for her release through her lawyer and the appeal was rejected on May 1. Prime Minister’s office on May 1, handed a letter that rejected the appeal for Suu Kyi’s release to her lawyer Hla Myo Myint,” he said.

In the appeal, Hla Myo Myint had argued that the detention of Aung San Suu Kyi must end by May 27, as the law of Burma does not permit detention of more than five years on charges of disturbing peace in the country.

Suu Kyi was last arrested on May 30, 2003, after her motorcade was attacked by junta-backed mobs in upper Burma during a political tour. She was then charged with disturbing the peace in the country and each year the junta continues to extend her detention period.Genser Jared, Aung San Suu Kyi’s lawyer hired by her family members, said the Burmese regime was violating its own law by extending her house-arrest period each year.But the Janta Spokesperson has different view and said in accordance with the law of the country,Aung San Suu Kyi cannot be released.
Burma Lawyers’ Council in exile has said it is gathering evidence and collating ideas on how to produce the Burmese military generals in the International Criminal Court (ICC), for the crimes it had committed, including crimes against humanity.

The BLC, formed with Burmese lawyers in exile, on Tuesday said, it was looking for a way to file a case against the Burmese junta, for its crimes against the country’s citizens.

“We are looking at ways to determine how we can file a case against the junta, for their brutal actions against the Burmese people,” Thein Oo, Chairman of the BLC, told Mizzima.

He said, as a step towards looking for a way to bring the junta to the ICC, the BLC along with the International Federation for Human Rights (IFDH) is bringing together international experts, Burmese activists and others to a two-day seminar in Bangkok.

“This seminar is to brainstorm on how best to get justice for the suffering people in Burma and how the international community can take action against the brutal regime,” Thein Oo said.

The campaign to bring the Burmese military junta to the ICC began about two years ago, with a vague idea by the BLC. However, today, it has gained momentum and is able to draw the attention of international experts as well as the Burmese regime.Burma has not rectified the Rome Statute, the treaty that established the International Criminal Court in July 2002, the ICC does not have any jurisdiction over Burma.

However, a clause under the statute of Territorial Jurisdiction of the treaty allows the ICC to act on a case based on a referral by the United Nations Security Council. The clause says the court is allowed to exercise jurisdiction, “where a situation is referred to the court by the UN Security Council”.

Thein Oo said, “The case of the UN Security Council referring it to the ICC might not take place soon but we are already in the process of campaigning for it.”

He said, they would present the case to the UNSC explaining how Burma’s military regime’s actions were threatening peace and security in the region.

Rights groups have accused Burma’s military junta of systematically abusing the rights of its own citizens, causing outflow of a large number of refugees and migrants. The junta’s military actions in eastern Burma have also particularly caused thousands of people to become homeless and live in the jungles.

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