Judicial Independence and the Prevention of Atrocity Crimes in Myanmar

Daniel Aguirre

Judicial Independence and the Prevention of Atrocity Crimes in Myanmar

Daniel Aguirre

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

International law’s approach to atrocity crimes is largely reactionary, emphasising
intervention and deterrence through prosecution. The International Criminal Court (ICC) has begun an investigation into crimes against humanity and Myanmar has been brought before the International Court of Justice (ICJ) by The Gambia for alleged violations of the Genocide Convention. In 2020, the ICJ imposed provisional measures on Myanmar, including prevention, that reiterate the Genocide Convention’s focus on the prohibition and prosecution of alleged perpetrators. This chapter argues that prevention of atrocity crimes depends on an independent judiciary and that judicial independence in Myanmar is so compromised that it is unable to act as a safeguard against human rights abuses, let alone prevent atrocity crimes like war crimes, crimes against humanity and genocide

Original language	English
Title of host publication	Judicial Independence Under Threat
Editors	Yvonne McDermott, Dimitrios Giannoupoulos
Publisher	Oxford University Press (OUP)
Chapter	8
Pages	138-160
Publication status	Published - 2022

Keywords

Judicial Indepedence
Myanmar
Crimes against humanity
Genocide
Supreme Court

1 Participation in academic conference
1 Workshop and other training

Digital Persecution: An international interdisciplinary conference at the intersection of practice, policy, and research
Aguirre, D. (Keynote/plenary speaker)
25 Feb 2022
Activity: Participating in or organising an academic event › Participation in academic conference
• BIICL Webinar: Myanmar: Recent Developments in International Law (24 June 2020)
Aguirre, D. (Advisor)
24 Jun 2020
Activity: Public engagement and outreach › Workshop and other training

2 Commissioned report
2 Article
1 Other contribution

Institutional Reform in Myanmar: Preventing Corporate Land Rights Abuses
Aguirre, D. & Pietropaoli, I., 26 May 2021, In: The Oxford International Journal of Transitional Justice . ijab003, ijab003.
Research output: Contribution to journal › Article › peer-review

Open Access
File

22 Downloads (Pure)
Handbook on Strategic Litigation in Myanmar
Aguirre, D. & Gilbert, J., 1 Sept 2019, 30 p.
Research output: Book/Report › Commissioned report

Open Access
Rule by Law and Impunity Undermine Prevention of and Accountability for Human Rights Violations in Myanmar
Aguirre, D., 4 Jun 2018, Oxford Forum for New Perspectives on Myanmar.
Research output: Contribution to specialist publication › Article

Open Access

Cite this

@inbook{3cf255adad4c486d8689b78fd84bb7a8,

title = "Judicial Independence and the Prevention of Atrocity Crimes in Myanmar",

abstract = "International law{\textquoteright}s approach to atrocity crimes is largely reactionary, emphasising intervention and deterrence through prosecution. The International Criminal Court (ICC) has begun an investigation into crimes against humanity and Myanmar has been brought before the International Court of Justice (ICJ) by The Gambia for alleged violations of the Genocide Convention. In 2020, the ICJ imposed provisional measures on Myanmar, including prevention, that reiterate the Genocide Convention{\textquoteright}s focus on the prohibition and prosecution of alleged perpetrators. This chapter argues that prevention of atrocity crimes depends on an independent judiciary and that judicial independence in Myanmar is so compromised that it is unable to act as a safeguard against human rights abuses, let alone prevent atrocity crimes like war crimes, crimes against humanity and genocide",

keywords = "Judicial Indepedence, Myanmar, Crimes against humanity, Genocide, Supreme Court",

author = "Daniel Aguirre",

year = "2022",

language = "English",

pages = "138--160",

editor = "McDermott, {Yvonne } and Dimitrios Giannoupoulos",

booktitle = "Judicial Independence Under Threat",

publisher = "Oxford University Press (OUP)",

}

TY - CHAP

T1 - Judicial Independence and the Prevention of Atrocity Crimes in Myanmar

AU - Aguirre, Daniel

PY - 2022

Y1 - 2022

N2 - International law’s approach to atrocity crimes is largely reactionary, emphasising intervention and deterrence through prosecution. The International Criminal Court (ICC) has begun an investigation into crimes against humanity and Myanmar has been brought before the International Court of Justice (ICJ) by The Gambia for alleged violations of the Genocide Convention. In 2020, the ICJ imposed provisional measures on Myanmar, including prevention, that reiterate the Genocide Convention’s focus on the prohibition and prosecution of alleged perpetrators. This chapter argues that prevention of atrocity crimes depends on an independent judiciary and that judicial independence in Myanmar is so compromised that it is unable to act as a safeguard against human rights abuses, let alone prevent atrocity crimes like war crimes, crimes against humanity and genocide

AB - International law’s approach to atrocity crimes is largely reactionary, emphasising intervention and deterrence through prosecution. The International Criminal Court (ICC) has begun an investigation into crimes against humanity and Myanmar has been brought before the International Court of Justice (ICJ) by The Gambia for alleged violations of the Genocide Convention. In 2020, the ICJ imposed provisional measures on Myanmar, including prevention, that reiterate the Genocide Convention’s focus on the prohibition and prosecution of alleged perpetrators. This chapter argues that prevention of atrocity crimes depends on an independent judiciary and that judicial independence in Myanmar is so compromised that it is unable to act as a safeguard against human rights abuses, let alone prevent atrocity crimes like war crimes, crimes against humanity and genocide

KW - Judicial Indepedence

KW - Myanmar

KW - Crimes against humanity

KW - Genocide

KW - Supreme Court

M3 - Chapter

SP - 138

EP - 160

BT - Judicial Independence Under Threat

A2 - McDermott, Yvonne

A2 - Giannoupoulos, Dimitrios

PB - Oxford University Press (OUP)

ER -

Judicial Independence and the Prevention of Atrocity Crimes in Myanmar

Abstract

Keywords

Activities

Digital Persecution: An international interdisciplinary conference at the intersection of practice, policy, and research

• BIICL Webinar: Myanmar: Recent Developments in International Law (24 June 2020)

Research output

Institutional Reform in Myanmar: Preventing Corporate Land Rights Abuses

Handbook on Strategic Litigation in Myanmar

Rule by Law and Impunity Undermine Prevention of and Accountability for Human Rights Violations in Myanmar

Cite this