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Posts Tagged ‘Bureau of Special Operations’ (2 found)
Impunity for Military Abuses Has to End
On 7 November, the International Human Rights Clinic (the Clinic) at Harvard Law School published a Legal Memorandum which establishes that certain Burma Army commanders are guilty of crimes against humanity and war crimes under international criminal law. The Legal Memorandum submits its findings on the basis of a three-year investigation (the Investigation) into human rights abuses associated with a Burma Army offensive in Karen State, which was launched in late 2005 and continued into 2008 (the Offensive). The Clinic chose this offensive “because it was one of the largest in recent memory and was widely condemned by the international community.” The Investigation focused specifically on the conduct of two military units – Southern Regional Military Command (SRMC) and Light Infantry Division 66 (LID 66) – in Thandaung Township, Karen State.
Articles 7 and 8 of the Rome Statute of the International Criminal Court (ICC) set out the legal requirements for an action to qualify as a “crime against humanity” or a “war crime,” respectively. The essence of a “crime against humanity” is that the act in question should be “part of a widespread and systematic attack directed against any civilian population, with knowledge of the attack.” Similarly, Article 8 stipulates that a “war crime” must be committed “as part of a plan or policy or as part of a large-scale commission of such crimes,” and must constitute a grave breach of the Geneva Conventions 1949, which regulate the conduct of armed conflict […]
• • •Legal Memorandum: War Crimes and Crimes Against Humanity in Eastern Myanmar
EXECUTIVE SUMMARY
In January 2011, the Harvard Law School International Human Rights Clinic (“the Clinic”) began to investigate the actions of the Myanmar Army during a military offensive in eastern Myanmar (“the Offensive”) that began in late 2005 and lasted approximately three years. The Clinic sought to determine whether violations of international criminal law occurred during the Offensive, and whether there exist reasonable grounds to assert that individual military officers could be held responsible for those crimes. The Clinic’s investigation focused specifically on the conduct of two military units—Southern Regional Military Command (“Southern Command”) and Light Infantry Division 66 (“LID 66”)—in Thandaung Township, Kayin State. […]
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