The fallen angel dances with the devil

Source thedailystar, 27 Nov

Securing justice for the Rohingya genocide

State Counsellor of Myanmar Aung San Suu Kyi attends a summit in Bangkok, Thailand, on November 4, 2019. PHOTO: REUTERS/CHALINEE THIRASUPA

Late last week, Burma announced that its de facto head, Aung San Suu Kyi, will appear before the International Court of Justice (ICJ) to defend the country against allegations of genocide. Earlier in the month, in an application filed before the UN's highest court, the Gambia brought charges of mass murder, rape and destruction of communities in the Arakan state, including against the Rohingya people.     

The Gambian submission noted that the Burmese state security forces "systematically shot, killed, forcibly disappeared, raped, gang-raped, sexually assaulted, detained, beat and tortured Rohingya civilians and burned down and destroyed Rohingya homes, mosques, madrasas, shops and Qur'ans." The suit asked the court to order Burma to immediately cease and desist from all acts of genocide, to punish those responsible, including senior government functionaries and military officers, and to give reparations to the victims.

The Gambian move comes at a time when influential members of the international community continue to ignore the gravity of the crimes committed and remain busy with their own geopolitical, economic and strategic interests and thus refrain from taking any effective measure to reverse what the Rohingya genocide scholar Maung Zarni terms as Burma's "genocidal project". So far, says Zarni, they had done little "beyond issuing non-binding resolutions and statements of condemnation calling for symbolic accountability measures and ritual repetition of carefully crafted spin of repatriation littered with substance-less adjectives such as 'voluntary, safe, dignified and sustainable.'"

The Rohingya genocide has also brought to the fore the hollowness of the UN Security Council in ensuring global peace and security. The failure of the UN system was palpably demonstrated in the business-as-usual approach adopted by its specialised agencies that seemingly stems from their collective denial of the atrocity crimes committed by the Burmese state against various ethnic groups, including the crime of genocide against the Rohingya.

After having been shunned by the world (in which racism, national chauvinism, corporatism, national security paranoia and Islamophobia reign supreme), the victims of Rohingya genocide are now beginning to feel that the wheels of justice have finally begun to roll, albeit very slowly. In November, along with the Gambian move, two other initiatives appear to have cracked the spell of torpor that had an ominous hold over the international community in the quest for justice for the victims of the Rohingya genocide.

Weeks earlier, in a separate move in Argentina, Rohingya and Latin American human rights groups lodged a lawsuit charging both the military and civilian leaders of Burma. The petition noted that while the military was engaged in murder, gang rape, arson, torture and so on, "the entire genocidal plan… could not have been deployed without the complementation, the coordination, the support or the acquiescence of the different civilian authorities." It targeted Aung San Suu Kyi for overseeing government policies "tending towards the annihilation of the Rohingya", such as confining them to "ghettoes" with severely limited access to healthcare and education. Among others, charges were brought against the Burmese army chief Min Aung Hlaing as well. The complaint sought criminal sanction of the perpetrators and accomplices under the principle of "universal jurisdiction" that upholds that war crimes and crimes against humanity are so horrendous that those cannot be shielded by the garb of state sovereignty and can be tried anywhere.

On November 14, in yet another development on the legal front, the Pre-Trial Chamber III of the International Criminal Court (ICC) authorised the Prosecutor to launch an investigation into the alleged crimes within the ICC's jurisdiction in Bangladesh, where about a million Rohingya refugees have taken shelter. The authorisation came following a request by the Prosecutor to open an investigation into alleged crimes within the ICC's jurisdiction committed against the Rohingya people. The Chamber also received such requests on behalf of hundreds of thousands of alleged victims. It accepted that there exists a reasonable basis to believe that widespread and/or systematic acts of violence may have been committed that could qualify as the crimes against humanity and/or religion against the Rohingya population. 

Suu Kyi's apologists—particularly those in the West and in the UN system, who thus far have been peddling the case that "she has little operational control over the military"—appear to have been caught off guard by the announcement of her personal involvement in the Gambia case. In all likelihood, the ICC Chamber Judge's decision and the Argentinian lawsuit have been upsetting for them. Without a doubt, Suu Kyi's decision to own up and publicly defend the dastardly acts of the Burmese security forces (which the UN Independent Fact-Finding Mission noted as "genocidal" constituting "crimes against humanity") only corroborate the fact that despite her differences with the military on the scale and pace of reform in Burma, there has been no discernible distinction in their methods in dealing with the Rohingya.

As of now, neither in words nor in deeds has Suu Kyi given any indication of her displeasure, let alone disapproval, with regard to the genocidal acts of the Burmese military. On the contrary, she had no hesitation in branding the victims of genocide as "terrorists" and blaming those championing the Rohingya cause for generating "icebergs of misinformation". Her administration resolutely rejects repeated calls for independent investigations into the allegations of atrocities against the Rohingya and their access to the Arakan region. It persistently denies requests for visits by the UN Special Rapporteur on Human Rights on Burma and the Independent Fact-Finding Mission.

Quite like "the emperor's new clothes", the National League for Democracy's excitement about what it perceives to be the State Counsellor's bold decision "to face the lawsuit by herself" lays bare that the fallen angel had all along been in absolute cahoots with the murderous generals of Burma.

 

CR Abrar is an academic and rights worker with an interest in refugees, migrants and the stateless.

Rohingya Repatriation: Stop your propaganda

Source thedailystar, 25 Nov

Dhaka asks Naypyidaw; urges conducive environment in Rakhine

A Rohingya refugee repairs the roof of his shelter at the Balukhali refugee camp in Cox's Bazar, Bang-ladesh, March 5, 2019. Reuters File Photo

Dhaka has asked Naypyidaw to stop concocting campaigns against Bangladesh and focus on creating an environment in Rakhine conducive to sustained repatriation and reintegration of the Rohingyas. 

Myanmar continues to spread fabricated information, misrepresented facts, and unsubstantiated claims to unjustifiably shift the onus of the Rohingya crisis on Bangladesh, said Bangladesh foreign ministry in a statement yesterday.

"This testifies to Myanmar's campaign to avoid its obligations to create conducive environment in Rakhine for the sustainable repatriation and reintegration of the Rohingyas," it said.

Some 750,000 Rohingyas fled a brutal military campaign in Myanmar's Rakhine State. Since then, two attempts of repatriation failed as Rohingyas in Cox's Bazar camps refused to return, saying that Myanmar has not ensured safety in Rakhine and there was no guarantee of citizenship. 

However, Myanmar always tried to pass the blame on Bangladesh, the ministry said.

On November 15, Myanmar's State Counsellor's Office spokesperson claimed that non-cooperation and non-respect of bilateral arrangements by Bangladesh was responsible for non-commencement of Rohingya repatriation.

Myanmar's claim of return of a handful of people, who are not verified, does not testify to any improvement of the ground reality in Rakhine, the ministry said.  

While Myanmar claims that the situation in Rakhine is conducive enough for repatriation, it must allow the international community, including UN officials, international media, and representatives of the prospective returnees, to visit the places of return to assess the ground reality and help the returnees make an informed choice.

Myanmar always alleges that the Rohingyas do not want to return due to intimidation and negative propaganda by ARSA elements and NGO staffers in the camps in Cox's Bazar. Such allegations are totally baseless and must have originated out of some ulterior motives, the ministry said.

There are no ARSA activities in the Rohingya camps, it said, adding, "Myanmar is carrying out such propaganda to avoid its responsibility and misguide the international community."

Myanmar has so far verified only 65 out of about 450 Hindus sheltered in Bangladesh. Before alleging that Bangladesh did not send Hindus back to Rakhine, Myanmar should have completed verification of past residency of all these people. 

"If Myanmar was really sincere about the repatriation, it must have by now arranged return of about 4,200 Rohingyas from the "no man's land" at Bangladesh-Myanmar border and resettled around 140,000 individuals from IDP [internally displaced person] camps in Rakhine to their respective places of origin," the ministry said.

It is an established fact that the Rohingya crisis resulted from systematic disenfranchisement and brutal persecution of this religious minority by the successive regimes in Myanmar, it said.  

"Continuation of the same by the present government is the sole reason for the gravity of the crisis," the statement added. 

"Bangladesh has no interest in delaying the repatriation. Sincerity of Bangladesh in facilitating earliest repatriation of Rohingyas as per bilateral instruments has been unquestionably established through its actions."

Myanmar must not expect Bangladesh to cooperate in repatriation in an uncertain environment in Rakhine, Dhaka said, adding that despite disappointing experiences in the past and greater challenges ahead, Bangladesh primarily relied on bilateral engagements with Myanmar and concluded two instruments on return.

As per the deals, Myanmar is under obligation to bring back normalcy in Rakhine and create an environment conducive to the repatriation and addressing the root causes of the Rohingya crisis. Moreover, Myanmar is entirely responsible for encouraging the Rohingyas in their voluntary return. 

"Unfortunately, Myanmar has utterly failed to demonstrate any political will to fulfil its obligations and is trying to shift the onus on Bangladesh," the statement said. 

If Myanmar is really sincere about ensuring justice and ending the culture of impunity, it should extend full cooperation for ongoing international accountability initiatives.

The Bangladesh government has consistently been pursuing the policy of good neighbourhood to resolve the protracted crisis through dialogues, the statement added.

Therefore, unjustifiable accusations by Myanmar, which is solely held responsible for the crisis, are totally unacceptable, it added.   

15 Nov, link here

0:27 / 4:26

First step towards justice for the Rohingya

ICC approves probe into alleged Myanmar Rohingya abuse

Source Yahoo, 15 Nov

The International Criminal Court on Thursday approved a full investigation into Myanmar's alleged crimes against the Rohingya, as the southeast Asian nation faced mounting legal pressure worldwide over their fate.

Judges backed a prosecution request to probe allegations of crimes against humanity and persecution over Myanmar's 2017 bloody military crackdown against the minority Muslim group.

The ICC decision comes after a week in which former democracy icon Aung San Suu Kyi was named in an Argentine lawsuit over crimes against the Rohingya, and Myanmar faced a separate genocide lawsuit at the UN's top court.

More than 740,000 Rohingya people were forced to flee over the border into sprawling camps in Bangladesh, in violence that United Nations investigators say amounts to genocide.

The Hague-based ICC, set up in 2002 to try the world's worst crimes, said it had "authorised the prosecutor to proceed with an investigation for the alleged crimes within the ICC's jurisdiction" relating to Myanmar.

These include allegations of "systematic acts of violence", deportation as a crime against humanity, and persecution on the grounds of ethnicity or religion against the Rohingya, it said.

Myanmar has long denied accusations it committed ethnic cleansing or genocide.

Myanmar is not signed up to the ICC but the court ruled last year that it has jurisdiction over crimes against the Rohingya minority because Bangladesh, where they are now refugees, is a member.

Chief ICC prosecutor Fatou Bensouda was allowed to open a preliminary investigation on Myanmar in September 2018, and formally applied to begin a full-scale formal probe in July this year.

Bensouda on Thursday welcomed the decision, calling it "a significant development, sending a positive signal to the victims of atrocity crimes in Myanmar and elsewhere."

"My investigation will seek to uncover the truth. My office will now focus on ensuring the success of its independent and impartial investigation," she said in a statement.

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Myanmar launched a military crackdown in 2017 that forced 740,000 Rohingya to flee over the border into sprawling camps in Bangladesh

Myanmar launched a military crackdown in 2017 that forced 740,000 Rohingya to flee over the border into sprawling camps in Bangladesh (AFP Photo/STR)

Why Africa's smallest country is taking on the Rohingya genocide crisis

Source SBS, 13 Nov

The small African nation of the Gambia has filed a lawsuit at the International Court of Justice, formally accusing Myanmar of genocide against its Rohingya Muslims. Myanmar vehemently denies a genocide has taken place.  

It has been over two years since the 'clearance operations' of the Myanmar military forced hundreds of thousands of Rohingya from their homes across the border into neighbouring Bangladesh.

Human rights groups and the UN published myriad reports of mass rapes, killings, and torture on a terrifying scale. The consequential humanitarian crisis in Bangladesh remains a challenge for aid agencies, and survivors of the violence in Myanmar remain vulnerable to ongoing threats in the camps. The situation for the Rohingya still stuck in Myanmar is even worse.

But the international community failed to act on the genocidal acts perpetrated by the military. China and Russia have refused to allow the UN Security Council to hear a briefing on the situation in Myanmar, let alone refer the situation to the International Criminal Court where individual perpetrators could be charged with genocide.

China has longstanding geostrategic interests in Myanmar, including land access to the Bay of Bengal and the country's rich natural resources. Russia's interests are often in never letting the international community stand in the way of a state acting autonomously within its own borders.

Newly arrived Rohingya Muslims from Myanmar prepare to leave a transit shelter in Shahparirdwip, Bangladesh, 2017.

AP

Why Gambia?

Myanmar is not a member of the International Criminal Court, so without a referral from the Security Council the only charges that court can pursue relate to forced deportation of Rohingya to Bangladesh.

But before the International Criminal Court was even conceived, in the aftermath of the holocaust the international community agreed that genocide was a crime that was everyone's responsibility to prevent and punish.

It is this treaty, the Genocide Convention of 1948, that has allowed Africa's smallest continental country to take the government of Myanmar to the International Court of Justice for the genocide of the Rohingya.

The Gambia, a majority Muslim country, is bringing the case on behalf of the Organisation of Islamic Cooperation, but the campaign to bring the case has been led by their Minister for Justice, Abubacarr Tambadou who had previously worked on prosecutions for the Rwandan genocide.

When Vice-President Isatou Touray announced to the United Nations General Assembly they would be pursuing the case, she said The Gambia "is a small country with a big voice on matters of human rights on the continent and beyond" explaining that pursuing an ICJ case against the government of Myanmar would be a central pillar of this policy.

The Gambia is returning from a period of political turmoil. The new government has prioritised human rights policies domestically, across Africa and the world. Pursuing a case at the International Court of Justice is deeply connected to this priority and is an expression of good governance and support for international law.

Habiburahman fled Myanmar's Rakhine state in 2000, before coming to Australia by boat.

SBS News

Upon hearing the news about the case, Refugee Council of Australia Ambassador and Rohingya refugee  Habiburahman (Habib)  said he was relieved.

"It is the first time member states of the United Nations are unitedly standing up against genocide of Rohingya ... I hope one day it will achieve justice for Rohingya people," he said.

There has been an advocacy effort for The Gambian case to be supported by non-Muslim countries as well. In particular, significant efforts were made to get the Canadian government to join the case. But no other country joined The Gambia as co-applicant.

Other countries can still join the case or provide formal interventions to the court, including to ensure the sexual and gender-based violence aspects of the genocide are suitably considered in the case.

What happens now?

A case before the International Court of Justice may take years to play out. But it can have some immediate benefits for Rohingya.

The Gambia has requested the court make provisional measures, which are orders of the court that are binding on the government of Myanmar, including the armed forces. The Gambia asked for such orders to be made to protect Rohingya from ongoing acts of genocide and prevent the destruction of evidence. The court can issue such orders in a matter of weeks.

Because the International Court of Justice is not a court that deals with individual accountability, but state responsibility, no one goes to jail at the end of a case.

What will it achieve?

The focus of this court is about settling a dispute between states about the implementation of a treaty. So, it doesn't have the same approach to victims as other courts. However, the court does have the capacity to award reparations.

The main benefit of such a case is that it recognises the collective harm, rather than just the individual harm of genocidal acts. Genocide is a crime intended to destroy an entire community. The entire Rohingya community has been affected, and a case before the International Court of Justice is the best way to account for that.

For Habib, this case gives some hope of a different future for Myanmar and the Rohingya.

"The military generals have never been prosecuted for their crimes, in the past or the present," he said.

"It is very important for the future that they are held accountable and they change their behaviour. This case will shape democracy and the rule of law in Myanmar."

Myanmar Artist Shuns EU-Funded Show Over Ne Win Family Residence Deal

Source Irrawaddy, 8 Nov

Vincenzo Floramo (Courtesy Yawnghwe Office In Exile) Caption: Shan artist Sawangwongse Yawnghwe stands in front of his work on Myanmar's Peace Industrial Complex at a studio in Chiang Mai in 2018

Sawangwongse Yawnghwe, artist and grandson of Myanmar's first president, Sao Shwe Thaike, has withdrawn his work from a European Union-funded exhibition in Yangon, opening next week, in protest at the EU's continued decision to rent its official ambassador's residence from the family of long-time Myanmar dictator General Ne Win.

The highly lucrative deal to rent the ambassador's residence, first reported by The Irrawaddy, reportedly required special approval from Brussels due to the vast sums involved, according to EU insiders. Ne Win's family has regularly received a tidy sum for renting out the residence since the first EU ambassador moved in shortly after the EU established a permanent diplomatic presence in Myanmar in 2012.

In a statement released this week, Sawangwongse explained his decision to pull his work, citing the dramatic events surrounding the arrest of his grandfather on the evening of Ne Win's 1962 coup and the EU's decision to subsidize Ne Win's family's opulent lifestyle.

On the eve of the 1962 coup, Ne Win dispatched troops to arrest Sao Shwe Thaike, who before becoming president had been the sawbwa, or hereditary ruler, of Yawngwe, now called Nyaung Shwe, in Shan State. The troops shot and killed his 16-year-old son Myee as well as a policeman patrolling the neighborhood on bicycle who was drawn by the commotion at the house. Sao Shwe Thaike was dragged away that night and died in detention some eight months after the arrest under circumstances which have never been fully explained.

After Sao Shwe Thaike's death, Sawangwongse's father Chao Tzang took to the hills alongside his mother the Mahadevi to launch an armed resistance movement, the Shan State Army (SSA). Sawangwongse was born in an SSA jungle camp before his family eventually relocated to Canada.

The statement from the artist also mentions that the EU allegedly rents office space from "a notorious crony company called Asia World, a business consortium built on drug money and plunder named in the recent United Nations Fact Finding Mission (FFM) report."

Reached for comment in Holland, where he now lives, Sawangwongse said that he's highly critical of several things the EU has done, including the decision to rent a luxurious home from Ne Win's family. "This property was obviously obtained through illicit means. It should be immediately seized from Ne Win's family and auctioned off, with the proceeds going to former political prisoners and Ne Win's other victims," he said.

In response to the artist's statement, EU Ambassador Kristian Schmidt expressed disappointment and said that the exhibition was part of the EU's policy in Myanmar to engage with the government on sensitive topics.

"The artist, by withdrawing from this exhibition, is really missing a great, great opportunity for engagement because this exhibition is an EU-funded exhibition that will point the finger at the need for justice," Schmidt told The Irrawaddy on Friday. "In many ways it's an example of the EU doing exactly what I understand the artist to be arguing for."

The ambassador also said that the EU will move the ambassador's delegation offices next year and avoid dealing with military-owned businesses.

"At the end of next year, our landlord will no longer be the current one. The issue is being addressed," said Schmidt. "The opportunities and choice to work with legitimate, working companies is growing and we will certainly do everything we can to stay clear of companies that are owned by the military."

Regarding his residence, Schmidt said, "I am proud that the EU residence is now a place where the EU hosts human rights and peace activists, journalists, artists and civil society."

Sawangwongse has also taken issue with what he says is the hypocrisy of EU policy in Myanmar.

"I know the EU does a garden party every year where they give out human rights awards on the grounds of the ambassador's residence. It's the epitome of hypocrisy: giving millions to Ne Win's family while at the same time claiming to help Burma's transition to a democracy. I'm disgusted and I know many people in Burma are as well."

"My family weren't the only victims of Ne Win's regime; the whole country was and it needs to be acknowledged that many of the issues we face now stem from Ne Win's brutal rule and massive incompetence," the artist said.

Sawangwongse's statement also calls out the EU's failure to push for justice in cases of documented allegations of war crimes in Shan, Kachin and Rakhine states.

"The EU has been proceeding with calls for accountability," Schmidt said in response. "We do not understand how he can say the EU has failed to take any action. It's blatantly not correct."

Sawangwongse says he hopes his stance inspires others in Myanmar civil society to skip the cocktail party with diplomats and take action. "Right now there are 44 Burmese fishermen who have been stranded for years on a remote island in Indonesia after escaping slavery on the high seas. My message is simple: put down the champagne glass, cancel your capacity building seminar at the rip off hotel and go rescue them."

Sawangwongse said he was also highly disturbed by the EU ambassador's decision to attend a celebration last month of the anniversary of the Union Enterprise for Humanitarian Relief and Development (UEHRD), a highly controversial government-backed entity set up to redevelop land in Rakhine State where razed Rohingya villages once stood. "What message does Kristian Schmidt send by going there to the UEHRD party? Did he not get the memo about the UN Fact-Finding Mission and its conclusions that cronies were putting money into the UEHRD? It's sickening. I'm sure Ne Win would approve," said Sawangwongse.

The ambassador insisted that he attended only in his official capacity, along with his colleagues, and had no active role.

"I have been very clear in my discussions with the government that the focus by the Union Enterprise strictly on rebuilding roads and resettlement centers, without focusing on accountability and rights of the Rohingya, in our view will not work," Schmidt told The Irrawaddy.

Correction Notice: The previous version of the story wrongly stated that the EU ambassador would be changing his residence next year. In fact, the EU will be moving its delegation offices next year, not the ambassador's residence.

UN publishes database of companies profiting off human rights abuses – not on Israel, but Myanmar

Source Modoweiss, 7 Oct

In March 2016 the United Nations Human Rights Council mandated a database of companies profiting from Israel's settlements. Originally due in 2017, its publication remains in limbo as the release was delayed several times.  Conversely, a similar database on Myanmar was ordered in September 2018 and completed a year later. 

During the last session of the HRC in September the 110-page report "The economic interests of the Myanmar military" was released. It was researched and written by an independent international fact-finding mission to Myanmar. The document follows a September 2018 report on human rights violations and abuses by the Myanmar military, commissioned by the HRC in 2017. 

The new report lays bare the "business model" or economic infrastructure that enables the Myanmar military to commit human rights violations and abuses. It contains a practical 40-page database, listing all companies fostering direct and indirect business ties with the military. Companies involved in this model – mostly Asian, also European, some others – are named in full; their activities and ties to the military are described in detail. Incidentally, two Israeli firms are mentioned. 

[See page 70 and further. The international section starts on page 96. Two Israeli companies are mentioned on page 107 for deals in October 2016 and April 2017.] 

The thorough report shows what can be achieved in just one year. Even more important, no protests against it were heard.

Not discussed during the September session was the database of companies conducting business or profiting off of Israel's occupation of the Palestinian territory, East Jerusalem and the Golan Heights. The HRC had tasked compilation of the database with the UN Office of the High Commissioner for Human Rights (OHCHR). In January 2018 OHCHR announced it compiled a list of 206 companies, but its publication was stalled for "further research and consideration." OHCHR said at the time that it wanted to contact all of the companies before releasing their names.

Since then 22 months have passed. Pressed to explain yet another delay in March 2019, the High Commissioner, former Chilean president Michelle Bachelet, promised to transmit the database to the HRC in the coming months. In other words: in time for the HRC September session. Early September 103 organizations called for its publication, as others already did two years earlier. But Bachelet didn't deliver. 

Early October a coalition including Human Rights Watch, Amnesty International and Al-Haq published a joined statement on the unexplained delay, mentioning "consistent reports of political interference by some states," concluding that March 2020 is now the earliest moment for consideration by the HRC – four years after commissioning it. 

The delay is even more significant as the database builds on the conclusions of a fact-finding mission to investigate the implications of the Israeli settlements on the human rights of the Palestinian people. The mission found on February 7, 2013, that "business enterprises have, directly and indirectly, enabled, facilitated and profited from the construction and growth of the settlements." That's almost seven years ago. 

Moreover, neither Myanmar nor Israel are the only instances where the UN ordered one of its agencies to produce a catalog of companies profiting from violations of international law. 

This visual highlights the fact that in spite of Israel being one of the countries most regularly condemned by the UN Security Council for violations of international law, it has never faced formal sanctions. (Graph: Visualizing Palestine)

In October 2002, a year before the end of the Second Congo War, the UN Security Council published a database of companies involved in "illegal exploitation of natural resources and other forms of wealth of the Democratic Republic of the Congo." The database contains 114 companies and 54 individuals and targeted not just the DRC, but also foreign powers holding territory inside the country during the hostilities. 

Returning to Israel, the delay of the database fits into wider practices, most prominently the unexplained delay of an official investigation into possible Israeli war crimes by the International Criminal Court, or the ICC. Next January will mark five years since a preliminary investigation began. It should have led to a conclusion a long time ago but is just dragging on without an end in sight. 

The stalling is similar to the ICC chief prosecutor Fatou Bensouda's decision to not investigate alleged war crimes in 2010 when Israeli commandos boarded the Mavi Marmara, bound for Gaza, while still in international waters and killing ten passengers during the raid. An activist who was aboard the ship during that attack has accused Bensouda of succumbing to "intervention," "threats," and "pressure" from the U.S., Israel, and an American pro-Israel legal firm. 

Bensouda buried the case at the time but it is now being challenged in an appeal. The affair is the subject of a new book by Norman Finkelstein, titled "I Accuse!," which addresses Bensouda's dealings and the harm she inflicts on the credibility of the ICC.

In more recent years the UN-organization ESCWA was forced to withdraw its authoritative report on Israeli apartheid two days after publication – after accusing Israel of practicing "apartheid" in March 2017. The fact that even UN Secretary-General Guterres got involved in ditching the report – thereby harming a prominent member of his own UN-family and causing the resignation of expert UN-officials – hints at the amount of pressure that was applied on the UN. 

Against this background it's worth remembering the words of Haaretz journalist Barak Ravid, who wrote in September 2017, the U.S. had engaged in "massive pressure" to change the wording of the HRC's resolution calling for a database of companies profiting off of Israel's occupation. He noted there was "Even an attempt by the EU to reach a deal with the Palestinians to drop the clause from the resolution stipulating the blacklist's formulation, in return for the support of European nations for the rest of its articles."

Barak Ravid

✔@BarakRavid

BREAKING ON @news10: After strong pressure by U.S. & Israel the UN postpones indefinitely the publication of a "Blacklist" of foreign & Israeli companies which operate in the settlements in the West bank & East Jerusalem

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11:45 PM - Jan 31, 2018

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Israel's staunchest defenders claim that Israel is being singled out – and that is correct. Israel and American officials often angrily point to the high number of Security Council-resolutions condemning its violations of international law – only Apartheid South-Africa scored higher –, but what really stands out is its ability to violate them all without ever being sanctioned. No other country enjoyed such indulgence. 

The net result is that Israel can behave as it pleases, shielded at the highest levels, for which the Palestinians pay the price. The institutions that are supposed to guard their rights and lives have become institutional in their oppression. 

With official channels blocked it's now up to the international community to demand justice for the Palestinians. And that's exactly what's happening. A grassroots coalition of some 60 organizations from 14 countries is planning a demonstration at the ICC-offices in The Hague on Friday, November 29 – the International Day of Solidarity with the Palestinian People. The coalition wants Bensouda to act, holding Israel accountable for its crimes against the Palestinians without further delay. 

It's hard to think of a more symbolic place and date for a massive outcry demanding justice for Palestine. Organizations and citizens wishing to endorse or join the protest can do so by contacting the coalition (France, other countries). 

Myanmar misleading int’l community with fabricated info to avoid repatriation: Bangladesh

Source thedailystar, 30 Oct

UNB, Dhaka

Instead of taking back Rohingyas, Myanmar now remains engaged in "persistent campaign" to mislead the international community to avoid its obligations for the "sustained repatriation" and reintegration of the forcibly displaced Rohingya in safety and dignity, says Bangladesh.

Dhaka on Wednesday rejected the "baseless accusation, falsification, and misrepresentation of facts" and urged Nay Pyi Taw to stop concocted campaign and concentrate on the fulfillment of its obligations.

"Myanmar must act decisively to address the real causes that are preventing the displaced Rohingya from going back voluntarily," said the Ministry of Foreign Affairs' External Publicity Wing.

Bangladesh said it is a "matter of utter dismay" to witness such tenacious campaign with fabricated information, misrepresentation of facts, unsubstantiated claims and undue accusations on the part of Myanmar to mislead the international community.

Bangladesh is now hosting over 1.1 million Rohingyas who have fled their homeland in Rakhine State of Myanmar after being persecuted by their own state. Myanmar did not take back a single Rohingya from Bangladesh over the last two years.

Two repatriation attempts went unsuccessful as Myanmar "failed to remove trust deficit" among Rohingyas and "lack of conducive environment" in Rakhine State for their return.

Bangladesh said Myanmar should seriously consider a comprehensive participation of the international community in creating conducive environment for return as well as in the monitoring of repatriation and reintegration process.

"Myanmar should also cooperate with international community to eliminate the culture of impunity for the sake of a durable solution to the protracted problem," the Foreign Ministry said.

How Myanmar cooked up stories

Bangladesh recently noticed yet another round of such attempts by Myanmar Union Minister for International Cooperation U Kyaw Tin.

He resorted to misrepresentation of the whole issue as well as laying unjustified blames on Bangladesh in his effort to refute the well-founded remarks by Bangladesh Foreign Minister on Rohingya crisis at the Preparatory Ministerial Meeting of the 18th Summit of the Non-Aligned Movement on October 23 in Baku, Azerbaijan.

In his statement, Tin accused Bangladesh of mischaracterising Rohingya crisis as "religious persecution", "driving an ethnic group out of the country", "ethnic cleansing" or "genocide", among others.

In reality, such observations are made by international community based on documented evidence, which bear the unmistakable signs of forcible deportation of a community from its ancestral homeland in Rakhine under atrocity crimes on civilian population, said the Ministry of Foreign Affairs here.

The nature and extent of atrocities in 2017 surpassed all previous records, it said.

Tin claimed that the crisis is confined only in the northern strip of Rakhine State and people of different faiths are living in harmony in the remaining areas across the country.

Bangladesh's Foreign Ministry pointed out that it is a "well-known fact that continued disenfranchisement of country's ethnic minorities by successive governments of Myanmar and suppression of their rights and justified demands by force rendered Myanmar as one of the world's largest homes to Internally Displaced Persons (IDPs) and a leading source of cross-border displacements".

A substantial number of forcibly displaced Myanmar nationals of varied ethnic and religious backgrounds are in temporary shelters in different countries for decades and only a few could return and reintegrate in their homeland.

Myanmar always portrays Rohingya as 'illegal-migrants' from Bangladesh during the colonial era. They have come up with a new claim that there was a massive influx of Bangladeshis to Myanmar during the War of Liberation in 1971.

Bangladesh says all these claims are baseless.

What historians say

According to historians, Rohingya is a distinct ethnic community evolved over the centuries through mingling of migrated people of various races and cultures from different parts of the world with the local people in Rakhine.

As such, on two previous occasions Myanmar recognised displaced Rohingya in Bangladesh as their lawful residents and repatriated them.

After the recent influx, Myanmar signed bilateral instruments with Bangladesh identifying them as "Myanmar residents".

As far as the nationality of Rohingya is concerned, there cannot be any scope for confusion.

Attempts to create controversy over their identity at this stage clearly indicate that Myanmar still pursues the policy of exclusion and marginalisation of its ethnic minorities, said the Ministry of Foreign Affairs.

It said the Rohingya crisis has been presented as a matter of inter-communal tension and development shortfall in Rakhine State during the speech.

In reality, systematic discrimination and persecutions by the state are the root causes of this protracted crisis, as recognised by Kofi Annan Commission and the international community in general, said Bangladesh.

What ARSA & Myanmar say?

The Myanmar statement blamed ARSA as usual for initiating the crisis and preventing the displaced Rohingya from returning in order to advance their political agenda.

"Myanmar should understand that so-called ARSA attack on August 25, 2017 can never justify highly disproportionate military response, widespread human rights abuses, and atrocity crimes on a particular ethnic community," said the Ministry of Foreign Affairs here.

Bangladesh reaffirms Myanmar that there are no ARSA activities at Rohingya camps.

"It's not possible to operate terrorist bases anywhere in Bangladesh because of high alertness and effective preventive measures by the security forces in line with 'zero-tolerance policy' of the present Government under Prime Minister Sheikh Hasina," the ministry said.

Bangladesh has taken adequate measures to ensure that the potential returnees are able to express their views on return without any influence or threat from any quarter.

Dhaka said Nay Pyi Taw must refrain from implicating Bangladesh into its internal political and security conundrum and may respond positively to Bangladesh's offer for a comprehensive cooperation mechanism in the combat of terrorism.

"Myanmar government is yet to demonstrate any political will to implement the provisions of bilateral instruments and to address the underlying political, economic, security, and social causes rooted in the problem."

Hollow promises and unsubstantiated claims leaving the root causes unattended will not help convince the prospective returnees, Dhaka said.

Inordinate delay in verification of past residency of Rohingya with arbitrary rejection of substantial number of displaced people as "not included in the registered list of household" and excessive focus on technicalities are clear manifestations of their utter reluctance to resolve the crisis through dialogue and negotiation, it added.

The claim has been substantiated through their failure to effectively dismantle the IDP camps in Rakhine and resettle the people to the places of their origin or places of their choice, as well as taking back the people sheltered at the international boundary (zero line) as they require no involvement of the government of Bangladesh, said the Ministry of Foreign Affairs.

Non-cooperation

Myanmar often complains against Bangladesh for non-cooperation in repatriation. Such accusation is totally baseless and could be guided by an ulterior motive, Dhaka said.

No-one agreed to return on two previous repatriation attempts, as the "Rohingya are not assured of safety, security, and sustainable livelihood" in Rakhine, it said.

Bangladesh maintains its principled position of not preventing anyone who intends to return to Myanmar anytime.

"It always stands ready to extend all possible cooperation to those who volunteer to return. Sincerity of Bangladesh in facilitating earliest repatriation of Myanmar residents has been unquestionably established through its actions," said the Ministry of Foreign Affairs here.

It said Myanmar's claim of return of a handful of people out of around 1.1 million using their personal contact with Myanmar officials does not testify any improvement of the ground reality in Rakhine.

A recent comprehensive report on these returnees by Radio Free Asia rather reveals total lack of preparedness on the part of Myanmar, Bangladesh said.

What's the situation in Rakhine State?

While Myanmar claims that the situation in the place of return is conducive enough for repatriation, it must allow the international community and representatives of the prospective returnees to visit those places to assess the reality and help the returnees make an informed choice, said Bangladesh.

They can also invite international media and UN agencies to justify their claim of creating conducive environment for safe, dignified, and voluntary return in Rakhine.

Myanmar usually tries to give a positive impression about the involvement of UN agencies and other partners in Rakhine State, it said.

The Ministry of Foreign Affairs said access to Rohingya villages is reportedly still highly restricted for the international community.

It said Myanmar persistently denies a meaningful engagement of UN bodies and other partners in creating conducive environment and monitoring of return and reintegration in Rakhine.

"Bangladesh has consistently been pursuing the policy of resolving this protracted problem through dialogue, maintaining friendly relations with Myanmar."

Unjustifiable accusation on the part of a party, entirely responsible for the protracted crisis, is totally unacceptable, Dhaka said, noting that such venture would undermine Bangladesh's current efforts to resolve the crisis.