Could Aung San Suu Kyi face Rohingya genocide charges?

Justin Rowlatt writes: Zeid Ra’ad Al Hussein, is determined that the perpetrators of the horrors committed against the Rohingya face justice.

He’s the head of the UN’s watchdog for human rights across the world, so his opinions carry weight.

It could go right to the top – he doesn’t rule out the possibility that civilian leader Aung San Suu Kyi and the head of the armed forces Gen Aung Min Hlaing, could find themselves in the dock on genocide charges some time in the future.

Earlier this month, Mr Zeid told the UN Human Rights Council that the widespread and systematic nature of the persecution of the Rohingya in Myanmar (also called Burma) meant that genocide could not be ruled out.

“Given the scale of the military operation, clearly these would have to be decisions taken at a high level,” said the high commissioner, when we met at the UN headquarters in Geneva for BBC Panorama.

That said, genocide is one of those words that gets bandied about a lot. It sounds terrible – the so-called “crime of crimes”. Very few people have ever been convicted of it.

The crime was defined after the Holocaust. Member countries of the newly founded United Nations signed a convention, defining genocide as acts committed with intent to destroy a particular group.

It is not Zeid Ra’ad Al Hussein’s job to prove acts of genocide have been committed – only a court can do that. But he has called for an international criminal investigation into the perpetrators of what he has called the “shockingly brutal attacks” against the Muslim ethnic group who are mainly from northern Rakhine in Myanmar.

But the high commissioner recognised it would be a tough case to make: “For obvious reasons, if you’re planning to commit genocide you don’t commit it to paper and you don’t provide instructions.”

“The thresholds for proof are high,” he said. “But it wouldn’t surprise me in the future if a court were to make such a finding on the basis of what we see.” [Continue reading…]

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