U Aung Htoo, General Secretary of Burma Lawyers’ Council on “How to bring junta to ICC”

General Secretary of Burma Lawyers’ Council U Aung Htoo discuss inclusively on “How to bring Burmese Military Regime to International Criminal Court (ICC)”. He said that “United Nations Security Council (UNSC) can refer Burma to International Criminal Court (ICC) if they decide that it falls within the Article 7 of UDHR. ICC prosecutor can investigate and refer junta to ICC if someone files the case against junta. Russia and China, permanent members of the UNSC, could oppose bringing a case before the ICC against the junta, but the world is changing. We cant always assume that China will always back the junta. We’re hopeful Chinas position on Burma will change since China mentioned that Burma became an international concern at the HRC recently. This is very significant.
At the same time ethnic cease fire groups are openly defying the juntas 2008 constitution. Clearly, China has become increasingly reluctant to endorse and support the junta. Hopefully China will not become a sanctuary for fugitives from justice when we prove the junta was involved in crimes against humanity. By bringing this case before the ICC we are seeking a positive solution to Burmas current crisis. With reference to the Rome statute, the ICC has the authority to prosecute based on individual accountability. We are not intending to prosecute all of the leadership of military who are not committing any crimes. There is concern that bringing the junta before the ICC will pose an obstacle in establishing a genuine dialogue as well as promoting an atmosphere of national reconciliation. With regard to this issue we have two points to consider. By not addressing the crimes against humanity that were perpetrated by these individuals the dialogue would not be credible or offer any real change. In fact, the junta would make conditions worse for those whove opposed them in the first place. Removing these mercenaries from the military would clear the way for a sincere and genuine dialogue. The criminals who committed these crimes against humanity would no longer have a stranglehold in Burmas destiny.”
For more information visit Burma Democratic Concern (BDC) at


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