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Democratic Burmese Students' Organization (U.S.A.)
October 11, 1999
THE PROPOSAL TO DEMAND THE INTERNATIONAL CRIMINAL COURT TO PROSECUTE THE BURMESE WAR CRIMINALS WHO ARE RESPONSIBLE FOR THE ATROCITIES AGAINST HUMANITY
The people of Burma continue to live under a highly repressive, authoritarian military regime. Instead of restoring peace by democratic means, the ruling military junta is restoring peace by force. Burma's ruling military junta, State Law and Order Restoration Council (SLORC) renamed State Peace and Development Council (SPDC) did not change any significant policy. State Peace and Development Council (SPDC) has shown no sign of willingness to cede to the Committee Representing the People's Parliament(CRPP), and keep on systematically perpetuating their absolute power. The regime has continued to refuse to negotiate with pro-democracy forces and ethnic groups for a genuine political settlement to allow the rule of law and respect for basic human rights.
The Burmese people have been undergoing serious human rights abuses such as execution style murders; persecutions on political, racial and religious grounds; wanton destruction not justified by military necessity; plunder of public and private property; seizure, destruction or wilful damage done to institutions dedicated to religion; and violations of the laws or customs of war; rape; torture; forced labour; forced relocation; arbitrary arrests; unlawful incarcerations and extrajudicial killings. We have been patient for many years to make progress toward democratization. The regime is still oppressing the Burmese people by using armed suppression.
In order to stop unlawfully killing the Burmese people, including ethnic nationals and to encourage the people who are struggling for democracy and human rights, SPDC should be taken to the International Crime Tribunal where they will be charged on several counts of crimes on humanity. The military brasshats are responsible for the following crimes against humanity and for systematically violating fundamental human rights in Burma.
1.They are responsible for the wilful killing during the August 8, 1998 peoples uprising by the direct command of the military top general. Over three thousands of innocent people who were calling for democracy and human rights were killed by the Burmese troops.
2.They are responsible for detaining all political prisoners who have their rights to freedom of opinion and expression. Writing, reading drawing pictures, listening to radio programmes, communicating and other basic freedoms of expression are considered an offense liable to long years of imprisonment and hard labour. Political prisoners who are elderly and in poor health, including over 90 years old are in prison without proper medical treatment.
3.They are responsible for torture or ill treatment or inhuman treatment during the investigation of political prisoners.
4.They are responsible for extrajudicial executions of ethnic minority civilians, and using them as human mine sweepers.
5.They are responsible for forced relocation of the people on ethnic grounds. The SPDC troops have launched campaigns in many parts of Burma to forcibly move or wipe out all rural villages, relocate all villagers.
6. They are responsible for nationwide forced use of people as porters.
7.They are responsible for wanton destruction of villages.
8.They are responsible for ill-treatment and torture in the context of forced labour.
9.They are responsible for death sentences given to political prisoners.
According to the Grave breaches of the Geneva conventions of 1949 in Article 2, the International Crime Tribunal must prosecute the Burmese military authorities who are responsible for the atrocities they committed.
Grave breaches of the Geneva Conventions of 1949
The International Tribunal shall have the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts against person or property protected under the provisions of the relevant Geneva Convention:
(a) wilful killing;
(b) torture or inhuman treatment, including biological experiments;
(c) wifully causing great suffering or serious injury to body or health;
(d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power;
(f) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial;
(g) unlawful deportation or transfer or unlawful confinement of a civilian;
(h) Taking civilians as hostages.
The SPDC has committed the crimes mentioned above. Therefore let's make initiations to tell the International Criminal Court to prosecute the Burmese military brasshats. If the ICC could arrest and prosecute the war criminals from Rwanda, Bosnia, Croatia, Serbia and Yugoslavia, why can't the ICC do the same to the war criminals from Burma?
In that case, the international community will become more aware of the Burmese situation. The military brasshats in Burma will hesitate to use the army again in case there is a nationwide uprising. Their territory will become smaller in the world. Today General Pinochet of Chile is facing legal proceedings in the United Kingdom for his past crimes he committed against humanity. The Bosnian war criminals have been arrested and prosecuted by the International Criminal Court(ICC) founded by the United Nations. The International War Tribunal has indited Yugoslav President Salodavan Melosavich and he will be arrested sooner or later. Former President Suharto of Indonesia dare not go abroad for medical treatments for fear of being arrested for the crimes he committed against humanity. The war criminals in Burma will face the same reality if we practically proceed this campaign until the we achieve it.
To fulfil this objective, the Democratic Burmese Students' Organization (U.S.A.) (DBSO) will collect hard evidence of the atrocities committed by the Burmese army officials. We will work with Human Right Watch and Amnesty International, getting their professional advice and support. To bring freedom and democracy to Burma, we must put a full-stop to these war criminals first. It is just a matter of time when we the Burmese will have freedom and democracy in our motherland. Let's all be determined and carry out our project in unity. Finally the truth will conquer and the military government must fall and we all will live in peace.
© Democratic Burmese Students, Organization(USA)
Great Human Rights Violation of SPDC
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