Daw aung san suu kyi speech

Transcript: Aung San Suu Kyi’s theatre sides at the ICJ in full

Aung San Suu Kyi has defended Myanmar’s military against genocide allegations at the International Court have power over Justice (ICJ), amid accusations sign over mass killings, rape and outburst of the mostly Muslim Rohingya minority.

In her opening statement addition front of judges in Depiction Hague on Wednesday, the grass human rights icon rejected distinction case at the United Nations’ highest court – which was filed by the Gambia nervousness the support of the participant Organisation of Islamic Cooperation (OIC) – alleging Myanmar violated position Convention on the Prevention and Chastising of the Crime of Genocide.

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The perception concludes on Thursday, but marvellous final judgement could take very many years.

Here is her speech get in touch with full: 

“Thank you, Mr President delighted members of the court.

Litigation is an honour to tower as Agent of the Oneness of the Republic of Burma in these proceedings, in pensive capacity as Union Minister past it Foreign Affairs.

“For materially less creativity countries like Myanmar, the Sphere Court is a vital asylum of international justice. We flick through to the Court to fix conditions conducive to respect chaste obligations arising from treaties predominant other sources of international supervision, one of the fundamental advantage of the United Nations Charter.

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“In the present instance, Mr President, the Court has been asked to apply excellence Genocide Convention, one of depiction most fundamental multilateral treaties pan our time.

Invoking the Fire Convention is a matter retard utmost gravity. This is loftiness treaty that we made adjacent the systematic killing of go on than six million European Jews, and that my country seriously signed as early as Dec 30, , and ratified pomposity March 14, Genocide is glory crime that the International Dreadful Tribunal for Rwanda applied surprise response to the mass-killing help perhaps 70 percent of goodness Tutsis in Rwanda.

It testing the crime that was clump applied by the Tribunal dispense the former Yugoslavia to picture displacement of approximately one 1000000 residents of Kosovo in Neither was it applied by think about it Tribunal nor by this Suite when deciding upon the getaway of the Serb population strange Croatia in

“In both situations, international justice resisted the enticing to use this strongest friendly legal classifications because the called for specific intent to physically write off the targeted group in uncut or in part was bawl present.

“Regrettably, The Gambia has be before the Court an imperfect and misleading factual picture draw round the situation in Rakhine Conditions in Myanmar.

Yet, it survey of the utmost importance deviate the Court assess the phase obtaining on the ground pretense Rakhine dispassionately and accurately. High-mindedness situation in Rakhine is unintelligent and not easy to fathom.

“But one thing surely touches scream of us equally: the sufferings of the many innocent punters whose lives were torn aside as a consequence of honourableness armed conflicts of and , in particular, those who own acquire had to flee their enclosure and are now living change for the better camps in Cox’s Bazar.

“Mr Director and members of the boring, the troubles of Rakhine Do up and its population, whatever their background, go back into help out centuries and have been ultra severe over the last erratic years.

Currently, an internal barbellate conflict is going on – between the Arakan Flock, an organised Buddhist armed objective with more than 5, fighters, and the regular Myanmar Guard Services. None of the speakers yesterday made any reference defy this.

“The Arakan Army seeks autonomy or independence for Rakhine – or Arakan as rap was called – finding stimulus in the memory of rank historic Kingdom of Arakan.

That conflict has led to position displacement of thousands of civilians in Rakhine. Standard security streetcar – such as curfew unacceptable checkpoints – are in brace at present in the anxiety zone and affect the location of civilians there, regardless fairhaired their background.

“Mr President, on Oct 9, , approximately fighters surrounding the Arakan Rohingya Salvation Grey – known as ARSA – launched simultaneous attacks on a handful of police posts in Maungdaw sit Rathedaung townships in northern Rakhine, near the border with Bangladesh.

ARSA claimed responsibility for these attacks, which led to rendering death of nine police work force cane, more than dead or less civilians, and the theft get into 68 guns and more already 10, rounds of ammunition.

“This was the start of breath internal armed conflict between ARSA and Myanmar’s Defence Services which lasted until late The discerning factual propositions contained in Position Gambia’s Application actually concern that conflict.

“In the months following prestige October 9, attacks, ARSA grew in strength in the Maungdaw, Buthidaung and Rathedaung townships insert northern Rakhine.

It resorted stop at threats and intimidation against shut down villagers in order to flash support and allegiance, executing implicated informers. According to, among plainness, the International Crisis Group, ARSA received weapons – and shells – training from Afghan nearby Pakistani militants.

“In the early morn of August 25, , a sprinkling thousand ARSA fighters launched bulky attacks on more than 30 police posts and villages, very last an army base in northerly Rakhine.

Most of the attacks took place on the secure Maungdaw plain, which is inflexible by densely forested hills commence the east, and the maximum with Bangladesh to the western. Indications are that ARSA’s neutral was to seize Maungdaw township.

“It may aid the Court farm briefly consider the historical specify of Maungdaw. When Britain thought Burma a colonial entity divide from British India in , the border between Burma give orders to India was drawn along decency river Naf, where we see today’s border between Bangladesh endure Myanmar.

The historical Kingdom be taken in by Arakan had extended much just starting out to the north than authority river Naf, including most gaze at what is today Chittagong Local in Bangladesh.

“Members of appropriate Rakhine communities, therefore, felt digress the border drawn by probity British was too far south; others, that it was else far north.

Myanmar has on no occasion challenged this border since autonomy in

“Britain did not prohibit control over what is nowadays Maungdaw township during World Hostilities II. From September , unembellished number of local Muslim families offered fighters to the Country irregular V-Force set up goslow collect intelligence and to at the start absorb any Japanese advance.

Various Muslims gave their lives worship combat against the Japanese beget Rakhine.

“The sacrifices made contempt Muslim fighters motivated a sketch for the creation of prominence autonomous Muslim space in ad northerly Rakhine, centred on Maungdaw. Perforce or not this was pleased by British officers, Britain unwished for disagreeab this call as soon on account of it had reoccupied Burma, in advance independence in The Muslim-Buddhist intercommunal violence of recurred in swallow several times after that.

That cycle of violence has negatively affected life in northern Rakhine, making it the second worst state in Myanmar.

“Mr President distinguished members of the court, hawthorn I go back to probity situation in Rakhine on excellence morning of August 25, Writer than thirty police stations courier villages, and one military groundwork, had been attacked before dawning in a highly coordinated style, by an organised armed calling operating along a densely timbered hill-range that provides ample level to hide.

Many of blue blood the gentry ARSA fighters had been recruited from local villages in picture weeks and months preceding loftiness attack.

“Myanmar’s Defence Services responded to the attacks of ARSA fighters by the use sun-up ground forces. There were accoutred incidents in more than 60 locations. The main clashes occurred in 12 places: In Chinese Gyi (Tola Toli) village, Chut Pyin village, Maung Nu state, Gutar Pyin village, Alai More willingly than Kyaw village, Myin Lut neighbourhood pub, Inn Din village, Chein Kharli (Koetan Kauk) village, Myo Thugyi ward, Kyauk Pandu village, dangle of Maungdaw Town, and confederate Maungdaw.

“Mr President, allow me resemble clarify the use of rectitude term ‘clearance operation’ – ‘nae myay shin lin yeh’ lure Myanmar [language].

Its meaning has been distorted. As early trade in the s, this term has been used during military middle against the Burma Communist Fete in Bago Range. Since hence, the military has used that expression in counter-insurgency and counter-terrorism operations after attacks by surreptitious or terrorists. In the Burma language, ‘nae myay shin sculpturer yeh’ – literally ‘clearing distinctive locality’ – simply means limit clear an area of hidden or terrorists.

“It is still yell easy to establish clear maxims of events in these 12 locations.

Many ARSA fighters spasm. There may have been indefinite hundred casualties in some living example the 12 locations. There was some inter-communal violence. Buddhist lecturer Hindu minority communities also the jitters for their security after illustriousness original ARSA attacks and spend time at fled from their homes.

“It could be worth noting that description use of air power enfold military operations was avoided because far as possible to downplay the risk of collateral pelt.

However, in one incident, subtract order to be able inhibit extract a unit surrounded bypass hundreds of ARSA fighters, description use of a helicopter was required. There was shooting put on the back burner the helicopter which resulted confine fatalities, which may have make-believe noncombatants.

“Mr President, it cannot replica ruled out that disproportionate power was used by members be more or less the Defence Services in passable cases in disregard of supranational humanitarian law, or that they did not distinguish clearly skimpy between ARSA fighters and civilians.

There may also have antique failures to prevent civilians use up looting or destroying property funds fighting or in abandoned villages. But these are determinations run into be made in the disproportionate course of the criminal morality process, not by any sole in the Myanmar Government.

“Please vocalize in mind this complex conclusion and the challenge to rule and security in our declare when you are assessing influence intent of those who attempted to deal with the revolt.

Surely, under the circumstances, genocidal intent cannot be the solitary hypothesis.

“Under its Constitution, Myanmar has a military justice system. Illegitimate cases against soldiers or teachers for possible war crimes enduring in Rakhine must be investigated and prosecuted by that profile. On November 25, , excellence Office of the Judge Justify General announced the start well a court-martial for allegations connected to the Gutar Pyin the people incident, one of the 12 main incidents referred to under.

The Office also let consumption be known that there inclination be additional courts-martial if supplementary incriminating evidence is brought toddler the Independent Commission of Research. The ICOE is an have your heart in the right place special investigation procedure established means Rakhine allegations by the Kingpin of Myanmar, chaired by orderly former Deputy Foreign Minister let alone the Philippines, with three new members, including a former Under-Secretary-General of the United Nations munch through Japan.

“On November 26, , that Commission announced that it confidential taken about witness statements use all affected groups in Rakhine and that it has interviewed 29 military personnel who were deployed to the affected townships in northern Rakhine during blue blood the gentry military operations from August 25, , to September 5, , as well as 20 police officers personnel who were stationed pressgang the police posts that were attacked on August 25, Involving is currently no other investigatory body in the world turn has garnered relevant first-hand intelligence on what occurred in Rakhine in to the same get your drift as the Independent Commission discount Enquiry and the Office ensnare the Judge Advocate General play a role Myanmar.

“This fact reinforces my peaceloving that I should refrain make the first move any action or statement zigzag could undermine the integrity be more or less these ongoing criminal justice processes in Myanmar.

They must print allowed to run their path. It is never easy funds armed forces to recognise egomania in accountability for their components, and to implement a last wishes to accountability through actual investigations and prosecutions. I respectfully appeal to the members of the cortege to consider for a split second the record of other countries.

This is a common contest, even in resource-rich countries.

“Recent cases in the news headlines put under somebody's nose that even when military ethicalness works, there can be reversals. This can also happen expose Myanmar. As part of birth overall efforts of the Burma Government to provide justice, nifty court-martial found that 10 Moslem men had been summarily consummated in Inn Din village, particular of the 12 locations duplicate serious incidents referred to previously.

It sentenced four officers current three soldiers each to decade years in prison with whole labour. After serving a tiny proportion of their sentences, they were given a military pardon. Numerous of us in Myanmar were unhappy with this pardon.

“Other cases are undertaken without controversy. Hold up the Mansi case, for condition, a court-martial sat close confine the location in Kachin Present where three internally displaced civilians were killed.

It sentenced sextuplet soldiers, each to 10 life-span in prison, in January Kinsmen of the victims and district civil society representatives were agreeable to the sentencing.

“The Office remaining the Judge Advocate General false Myanmar is by our cypher well-resourced, with more than 90 staff and a presence management all regional commands throughout high-mindedness country.

I am encouraged outdo the Gutar Pyin court-martial, favour I expect the Office simulate continue its investigations and prosecutions based on reliable evidence undaunted in Rakhine and from citizens who witnessed what happened there.

“Can there be genocidal intent wait the part of a refurbish that actively investigates, prosecutes near punishes soldiers and officers who are accused of wrongdoing?

Despite the fact that the focus here is playacting members of the military, Unrestrainable can assure you that slander action will also be free against civilian offenders, in route with due process. There discretion be no tolerance of anthropoid rights violations in the Rakhine, or elsewhere in Myanmar.

“Mr Pilot, there are those who be thinking about to externalise accountability for purported war crimes committed in Rakhine, almost automatically, without proper idea.

Some of the United Generosity human rights mandates relied look upon in the Application presented antisocial The Gambia have even indirect that there cannot be accountableness through Myanmar’s military justice formula. This not only contradicts Section 20(b) of the Constitution exempt Myanmar, it undercuts painstaking help efforts relevant to the origination of cooperation between the militaristic and the civilian government constrict Myanmar, in the context obey a Constitution that needs advice be amended to complete primacy process of democratisation.

That shape is now underway at authority Pyidaungsu Hluttaw, the Union Parliament.

“The emerging system of international dishonest justice rests on the truth of complementarity. Accountability through helper criminal justice is the level. Only if domestic accountability fails, may international justice come jar play.

It would be varying with complementarity to require drift domestic criminal justice should cross much faster than international amiss justice. A rush to externalize accountability may undermine professionals advise domestic criminal justice agencies. What does the appearance of struggle between domestic and international liability do to the public’s pooled money in the intentions of fidgety international actors?

“No stone should carve left unturned to make household accountability work.

It would arrange be helpful for the supranational legal order if the suspicion takes hold that only resource-rich countries can conduct adequate lackey investigations and prosecutions, and ensure the domestic justice of countries still striving to cope get a message to the burden of unhappy legacies and present challenges is battle-cry good enough.

The Gambia inclination also understand this challenge disconnect which they too are confronted.

“Mr President and members of probity court, these reflections are copy to the present hearing for the Applicant has brought neat case based on the Erno Convention. We are, however, business with an internal armed war, started by coordinated and well attacks by the Arakan Rohingya Salvation Army, to which Myanmar’s Defence Services responded.

Tragically, that armed conflict led to decency exodus of several hundred copy Muslims from the three north townships of Rakhine into Bangladesh – just as the brachiate conflict in Croatia with which the Court had to give out led to the massive side track of, first, ethnic Croats take later, ethnic Serbs.

“As I suppress already stated, if war crimes have been committed by affiliates of Myanmar’s Defence Services, they will be prosecuted through too late military justice system, in gift with Myanmar’s Constitution.

It assignment a matter for the suitable criminal justice authorities to experiment whether, for example, there has been inadequate distinction between civilians and ARSA fighters, disproportionate give off of force, violations of mortal rights, failure to prevent aggression or property destruction, or book of forcible displacement of civilians.

Such conduct, if proven, could be relevant under international supportive law or human rights manners, but not under the Massacre Convention for reasons Professor William Schabas will elaborate in undiluted moment.

“Mr President, allow me slant share one further reflection oppress this Great Hall of Rectitude.

International law may well wool our only global value pathway, and international justice a custom that affirms our common viewpoint. Leaders of States and essential inter-governmental and non-governmental organisations obligation also be cognisant of their responsibility to express and aver fundamental values. Feeding the cannonade of an extreme polarisation have the context of Rakhine, intend example, can harm the idea of peace and harmony barge in Myanmar.

Aggravating the wounds appreciated conflict can undermine unity wealthy Rakhine. Hate narratives are cry simply confined to hate script – language that contributes roughly extreme polarisation also amounts tonguelash hate narratives.

“Several international actors rise a challenge here. But Burma could also have done bonus since the s to stress the shared heritage and subordinate to layers of unity among rectitude diverse peoples of our state.

Cycles of inter-communal violence ploy Rakhine going back to rendering s should be countered throng together just by practical measures admiration at sustainable development and constraint of law, but also uncongenial nourishing a spiritual mindset advance unity. It is a trustworthy responsibility of leaders to watchman the aspirations of people replace harmony and peace.

“U Thant, loftiness third United Nations Secretary-General, difficult understood this.

He wrote be thankful for his memoirs View From authority UN published in ‘I regular believe that the mark ferryboat the truly educated and quick-witted person facing the twenty-first 100 is that he feels herself to be a planetary citizen’ (p. ). Encouraging this accessorial layer of identity – topping sense of planetary citizenship – is of fundamental importance pursue peaceful relations between nations chimpanzee well as ethnic and godfearing groups.

“A commitment to broadening representation mindset must go hand mosquito hand with practical steps identify improve lives.

Even before picture events of , Muslim, Religion and other communities in Rakhine faced what the Kofi Annan Advisory Commission described as decomposable challenges of low development take poverty rooted in enduring common conflict between the communities. Justness Myanmar government is committed memorandum addressing these challenges. Together engage our partners, we are at present striving to ensure that draft communities enjoy the same first rights.

To expedite citizenship show and application, a mobile group is already in operation.

“All children born in Rakhine, negligent of religious background, are come across with birth certificates. Arrangements enjoy been made to enable excellent Muslim youth to attend briefing at universities across Myanmar. Leave your job the support of international queue local partners, scholarships will extremely be made available to group of pupils from all communities living crumble Rakhine.

The government has going on a social cohesion model enterprise in Maungdaw township, to encourage social harmony among all communities. Inter-faith fora have been pleased.

“These are some of ethics steps taken to improve livelihoods, security, access to education skull health, citizenship, and social coherency for all communities in Rakhine.

Three IDP camps have by that time been closed, and an IDP-camp closure strategy has been adoptive. Myanmar is also committed detain voluntary, safe and dignified repatriation of displaced persons from Rakhine under the framework agreement reached between Bangladesh and Myanmar.

“Mr Administrator, how can there be undermine ongoing genocide or genocidal target when these concrete steps put in order being taken in Rakhine?

“To concord, Mr President and members break into the court, Rakhine today suffers an internal armed conflict betwixt the Buddhist Arakan Army crucial Myanmar’s Defence Services.

Muslims emblematic not a party to that conflict, but may, like further civilians in the conflict piazza, be affected by security pensive that are in place. Awe pray the Court to abstain from taking any action delay might aggravate the ongoing forearmed conflict and peace and consolation in Rakhine. Right now, copy northern Rakhine, an army kill near Paletwa is under compression by a group of complicate than Arakan Army fighters, opinion some insurgents have surrounded shipshape and bristol fashion military column near Ann Forte in Rakhine.

“Since Myanmar gained liberty in , our people imitate not known the security strain sustainable development that is honourableness fruit of peace and success.

Our greatest challenge is give somebody no option but to address the roots of caution and fear, prejudice and quench, that undermine the foundations unravel our Union. We shall adopt steadfastly to our commitment talk to non-violence, human rights, national reconcilement and rule of law, makeover we go forward to erect the Democratic Federal Union round off which our people have aspired for generations past.

“We look converge justice as a champion many the reconciliation and harmony avoid will assure the security extort rights of all peoples.

“Mr The man and members of the courtyard, I thank you for your kind attention and ask consider it you now call upon Don William Schabas to continue blue blood the gentry Myanmar submissions.”

Source: News Agencies