MIZZIMA.com-Feb 24
The Legal Aid Network has released a review of the Myanmar junta’s military service law claiming it is being illegally applied. In a statement released on 23 February, the NGO had the following to say: The Myanmar junta has seen plunging morale due to the push-back by People’s Defence Forces (PDF) and Ethnic Revolutionary Organizations (EROs), resulting in mass surrenders of the Tatmadaw soldiers – including six high ranking military officials. It has prompted the unlawful enforcement of the People’s Military Service Law (2010), which is illegal, by the State Administration Council (SAC). Given the SAC’s above ‘systematic’ acts, the following appalling scenes have been witnessed: The conscripted civilians, having been transformed into soldiers, are to kill other civilians or die in the battles. Widespread forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law, and enforced disappearance of persons have been taking place. The above situations are the legal pre-requisites for the commission of crimes against humanity and the degree of culpability can be determined. Article 5 of the ICTY Statute covering crimes against humanity refers to acts “directed against any civilian population”. The notion of crimes against humanity has evolved under international customary law and through the jurisdictions of international courts. In spite of lacking an overall specific intent, the SAC’s stated acts constitute crimes against humanity as it has been committing with knowledge of the attack against the civilian population. Both national and international communities, particularly States, are responsible to hold the SAC military perpetrators, who have been committing the gravest crimes of international concern, accountable. Read more at: https://eng.mizzima.com/2024/02/24/7439
