ASEAN LEADERS ARE BARKING AT THE WRONG TREE WITH THE WRONG CAUSE AND WRONG OBJECTIVE

ASEAN LEADERS ARE BARKING AT THE WRONG TREE 

WITH THE WRONG CAUSE AND WRONG OBJECTIVE

 

ASEAN leaders are complaining about the convenient way to solve the Rohingya problem.

But for the Rohingyas or Burmese Muslims or Christian Chins/Karens/Kachins and Buddhist Mons/Shans/Burmese etc AND the NLDS  and political opponents and armed rebel groups_

Whether the SPDC would accept them back is not their main concern. What is the consequences after repatriation is their only problem.

Jailed? Tortured? Is the main concern for all but ‘Village arrest’ (for Rohingyas only) is the problem.

No democracy, no Human Rights, no political life, no respect for the Rights of religious minorities and Ethnic minorities is their main concern.

But the lack of development, economic problems back home are the most important fact for all of them.

There is no clear cut line to DEFINE OR CATEGORIZE THEM INTO POLITICAL OR ECONOMIC MIGRANTS. 

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Asean day dreaming II

Asean day dreaming II

There was much enthusiasm over the establishment of the Brunei, Indonesia, Malaysia, Philippines – East Asean Growth Area (Bimp-Eaga) – back in the early 1990s, which was touted as the most promising growth triangle in Southeast Asia. However, it has since come to nothing.

The 1997 Asian financial crisis practically took the wind out of its sails, and exposed mercilessly that the so-called East Asian economic miracle was made of clay.

In fact, I had not heard of Bimp-Eaga for years, until early this week when Augustin Teras Narang, the Central Kalimantan governor, mentioned it in passing during his visit to Sabah and Sarawak.

The governor has a vision for a regional economic community fashioned on the successful European Union, and hopes the entire Borneo island would serve as a springboard to achieving just that.

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STOP HATRED, STOP TRYING TO DIVIDE; FOR A LONG LASTING PEACE, PROGRESS, AND PROSPERITY

 

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Don’t cry for me grandpa, Minister Mentor

Don’t cry for me grandpa, Minister Mentor

  

There is a Burmese saying_

Kyaw poo dar_khan naing thee

Naar poo dar_ma khan naing”.

  • Most of the peaple could bear the heat on the back of the body (prefer to work hard even under the sun)
  • but could not stand the (heat/ pressure) in the ears (read: brain / stress / undue pressure from the boss).

Some of us could prefer to work hard but could not stand the mental torture, pressure, or stress.

Yes! Even our Prophet (PBUH) had taught us_

If you do not want to donate to a beggar, use polite words to apologize.

But never insult the beggar even after you donated a large some of money.

Getting / money or not is far less important than getting an insult.

Money goes into the pocket only but the insult goes deep into our hearts.

So feeding the human’s mental ego is sometimes more important than just feeding the mouths.

Successive Burmese Governments used to discriminate us as foreigners, migrants, mixed blooded persons, Kalas (Migrant Indians/Indians), Kala Dein (Indian descendent)  and “Mi Ma Sit_Pha Ma Sit”. (The words meaning Bastards used by the the Burmese Chinese General Ne Win on Burmese Muslims. I think he never look at his own BASTARD FACE in the mirror!)

Most of us emigrated (migrated out) and left Myanmar not because of economic reason. As the professionals we could earn enough to stay in upper-middle strata in Myanmar and could earn some respect not only from the non-Muslims but from the Monks and even from the Military authorities. We just hate the unfair general discrimination on our race and religion. (As all the Military leaders are corrupt, we could even do anything in Myanmar after paying bribes. If the payment is good enough we could even get their daughter’s hands.)

Once the governments could fulfill (actually all the government leaders wrongly thought like that! They think they had done favours on their on citizens but actually the people are the masters of the governments. Although the governments’ policy and guidance  are important, it is the people who really works hard to achieve every thing for the country. And the give the salaries, of cause from their tax money, to those political leaders.) the physical and psycological needs of its citizens_

Food, shelter, clothing, employment is important but should understand that they also should take care of their social, mental and psycological needs.

SINGAPORE GOVERNMENT FAILS BECAUSE OF THAT FAILURE>

Just read the following article.

Don’t cry for me grandpa Lee,

Goodbye and thank you

Excerpts from article by SEAH CHIANG NEE.  Singapore’s emigration rate, one of the highest in the world on a per capita basis, is a blow to the government.

YEARS of strong economic growth have failed to stem Singapore’s skilled youths from leaving for a better life abroad, with the number topping 1,000 a year. 

This works out to 4%-5%, or three in 10, of the highly educated population, a severe brain drain for a small, young nation, according to Minister Mentor Lee Kuan Yew. 

Such high-end emigration is usually associated with less better-off countries where living conditions are poor. Here the opposite is the case. 

The future doesn’t look better, either, despite Lee holding out promises of “a golden period” in the next five to 10 years. 

The emigration rate, one of the highest in the world on a per capita basis, is a blow to the government, particularly to Lee, who takes pride in building up this once poor squatter colony into a glittering global city. 

They are people who abandoned their citizenship for a foreign one, mostly in Australia, the United States and Canada. 

The emigrants, mostly professionals, don’t leave Singapore out of poverty but to seek a better, less pressurised life.  

Lee recently said the brain drain is touching close to this family. 

Lee’s grandson, the elder son of Prime Minister Hsien Loong, who is studying in the United States, has indicated that he may not return.  

Over the years, the children of several Cabinet ministers have also made Britain or the US their home.  

Lee, aged 84, has often spoken on the issue with emotions, once tearing when referring to the losses.  

However, he has offered no reasons for the exodus beyond economic opportunities, although the government more or less knows what they are.  

Singaporeans who have or are planning to emigrate are given a host of 10 questions and asked to tick the three most important ones. They include the following: –  

> High costs of living 

> Singapore is too regulated and stifling 

> Better career and prospects overseas 

> Prefer a more relaxed lifestyle 

> Uncertain future of Singapore. 

Some liberal Singaporeans believe Lee himself, with his authoritarian leadership and unpopular policies, is largely to blame.  

Singapore’s best-known writer Catherine Lim calls it a climate of fear that stops citizens from speaking out against the government.

Globalisation, which offers opportunities in many countries like never before, is a big reason for the outflow.  

Many countries, including populous China, are making a special effort to attract foreign talent. 

Others who leave were worried about the future of their children living in a small island, and look for security and comfort of a larger country. 

The exodus is more than made up – at least in numbers – by a larger intake of professionals from China and India. 

“The trouble is many of the Chinese then use us as a stepping stone to go to America, where the grass is greener, Lee said. 

Some feel the large presence of foreigners, and the perks they enjoy over locals in military exemption as well as in scholarships, are themselves strong push factors.  

They see the foreigners as a threat to jobs and space, undermining salaries and loosening the nation’s cohesion. 

“I just feel very sad to see the Singapore of today with so many talented, passionate Singaporeans moving out and being replaced by many foreigners,” said one blogger. “I feel sorry for the future.” (Me too, for Myanmar.)

Lee recently made a passionate appeal to youths to think hard about their country. He said they had received education and opportunities provided by Singaporeans who had worked hard for it. 

“Can you in good conscience say, ‘Goodbye! Thank you very much?’ Can you leave with a clear conscience? I cannot,” he said.  

But many Burmese just need to say this even although they could not get the same kind of welcome from their host countries. Some need to work illegally, some as refugees and many professionals have to do the manual works. So you Singaporeans are luckier than us. Just leave the old grandpa enjoy his own great authority on new comers, or new immigrants.

 

 

The Euro-Muslims Zone

The Euro-Muslims Zone

Muslim Role Models (Share)

Muslim Role Models (Share)

 

By  Euro-Muslims Editorial Desk

 
Image

Muslims in Europe have been remarking positively.

Starting as predominantly post-World War II immigrants who arrived as laborers, Muslims in Europe have been remarking positively on their European societies.

European Muslims continue to redefine themselves in their communities, discussing choices and decisions to help in forming a healthy environment for more understanding of Islam and integration of Muslims into their European countries. In Europe, a lot of Muslims of both European and non-European origins have proved gradually that they can overcome many cultural and socioeconomic obstacles to achieve remarkable success.
  


Some say that European Muslims are moving forward from a community that barely fulfills its essential requirements
, to a steady one that is going beyond many expectations.


European Muslims Zone is presenting the profiles of some European Muslim role models who have clearly drawn attention to their valuable success and uniquely state, observing their religious identity as Muslims and their European identity as active citizens.


Take a look at the profiles and if you have any suggestion for more European Muslim role models, kindly add their profiles below or e-mail them toEuro-Muslims Email and we will post them online.

Salma Yaqoob

Tariq Ramadan

Muhammad Ali

Yusuf Islam

 


Salma Yaqoob
Salma Yaqoob is a prominent anti-war activist and the UK’s party Respect’s cofounding member and vice-chair. With a total of 10,498 votes, she came second with 27 percent of the vote in Birmingham’s Sparkbrook and Small Heath constituency in the May 2005 general election. In May 2006, she was elected councilor for the Sparkbrook ward in Birmingham.

Born in Bradford but raised in Birmingham, Salma Yaqoob has proven to be a remarkable icon not only for Muslim women, but also for Muslims in general and activists throughout the UK. Being a mother of three boys never stood in the way of Ms. Yaqoob campaigning tirelessly for what she believed in and for positive change in her local community and way beyond.

Salma Yaqoob has addressed numerous demonstrations and meetings all protesting against the Iraq War and the Israeli occupation of Palestine. She has continued to fight for civil liberties in the UK and against all policies that target those freedoms and liberties, including the anti-terrorist law recently proposed. She is a strong advocate for the right of Muslim women to wear the hijab. Her campaigning for the rights of the elderly and those most in need, has already won her widespread support.

She has continued to fight for civil liberties in the UK and against all policies that target those freedoms and liberties, including the anti-terrorist law recently proposed. She is a strong advocate for the right of Muslim women to wear the hijab. Her campaigning for the rights of the elderly and those most in need has already won her widespread support.

Publications

Salma Yaqoob is the author of several books. Among her books are:

  • Global and Local Echoes of the Anti-war Movement: A British Muslim Perspective.” International Socialism Journal. Autumn 2003.
  • The “War on Terror” and Racism, Asylum and Immigration. Pluto Press, 2005.
  • British Muslim Radicalism Post 9/11 in Islamic Political Radicalism: A European Comparative. Edinburgh University Press, 2006.

Tariq Ramadan  

 

Tariq Ramadan was born in Switzerland in 1962. He is the grandchild of Imam Hassan Al-Banna, the founder of the Muslim Brotherhood in Egypt.

Ramadan holds a master’s degree in philosophy and French literature and a doctorate in philosophy in Arabic and Islamic studies from the University of Geneva, Switzerland. In Cairo, Egypt, he received one-on-one intensive training in classic Islamic scholarship from Al-Azhar University scholars.

He is a professor of Islamic studies. He is currently a senior research fellow at Saint Antony’s College (Oxford, UK), Doshisha University (Kyoto, Japan), and at the Lokahi Foundation (London, UK.)

 

He is a visiting professor (in charge of the chair: Identity and Citizenship) at Erasmus University, the Netherlands.

Through his writings and lectures, he has contributed substantially to the debate on the issues of Muslims in the West and Islamic revival in the Muslim world. He is active both at the academic and grassroots levels lecturing extensively throughout the world on social justice and dialogue between civilizations.

 

Ramadan is currently president of the European Muslim Network (EMN) think tank in Brussels, Belgium.

 

To visit Ramadan’s website, click here.

 

Publications

 

Dr. Tariq Ramadan is the author of several books. Among his books are:

  • Muslims in Secular Societies, Responsibilities and Rights of Muslim People in Western Societies, Tawhid, Lyon, 1994 (3rd ed. 2000)
  • Islam, the Encounter of Civilizations, What Project for Which Modernity?, Les Deux Rives, Lyon, 1995 (4th ed. 2001), translated into English: Islam, The West and The Challenges of Modernity, Islamic Foundation, Leicester, UK, 1999.
  • To be a European Muslim, by C. Dabbak, Tawhid, Lyon, September 1999.
  • Muslims in France, Islamic Foundation, Leicester, UK, April 1999.
  • Muslims of the West, to Build and to Contribute, Tawhid pocket books, Lyon, 2002.
  • The Western World, Space of Testimony, Dar ash-shahada, Tawhid pocket books, Lyon 2002.
  • Muslims in the West and the Future of Islam, Actes Sud, Paris, January 2003.

 

Muhammad Ali  

 

Originally from Tunisia, Muhammad Ali was born into a conservative Muslim family born and bred on Islamic beliefs together with the freedom of following his own dream and visions.

 

Muhammad Ali, through creating ingenious and practical television that complements the definition of good programming and transmission as well as delivering against viewers needs has marked a milestone for a Muslim voice in the media. He heads Islam Channel (a television channel presenting the Islamic perspective)

 

His academic background includes studying in both the East and West. Initially having studied engineering, his curious mind and inquisitive nature led him on to study philosophy and theology in Iran, politics and geography in the UK, followed by a master’s in both linguistics and diplomacy.

 

Aside from this, he has memorized a good portion of the holy Qu’ran and has attended circles of prominent Islamic scholars, going on to further studies in comparative Islamic jurisprudence (fiqh) in addition to comparative fundamentals of belief (`aqeedah) at traditional schools of knowledge in Tehran.

 

Currently he is studying for a doctorate in Islamic political thought. Muhammad Ali has vast experiences in many cultures and customs around the world, his travels have taken him to Afghanistan, Pakistan, and Bosnia where he worked for da`wah (Arabic for: raising awareness for Islam) and charity projects.

 

As CEO of Islam Channel, Muhammad Ali has been able to put his experience and visions on screen by creating a platform for Muslims generally. Through this channel he has numerous achievements to date including bringing together many world-renown scholars and Islamic programs, as well as screening political debates, news, and current affairs into the homes of both Muslims and non-Muslims. Having conquered the UK, Muhammad Ali has taken Islam Channel to viewers across Europe, Africa, and Asia.

 

Muhammad Ali, through Islam Channel, has proven himself to be a highly ambitious and successful entrepreneur. This relatively new enterprise offers an invaluable

source of da`wah, making Islam Channel the leading light for millions of Muslims, guiding the Ummah (Arabic for: Islamic nation) toward the path of Allah.

 

What began as representation for Muslims within the UK has expanded out to both Muslims and non-Muslims around the globe. With the support of his wife and five young children, he has been able to achieve this through his hard work and perseverance, aiming at representing Muslims and Islam in its genuine sense of freedom, justice, and coexistence.

 

 

 

Yusuf Islam  

 

The son of a Greek Cypriot father and Swedish mother, Yusuf Islam (then Steven Demetre Georgiou) was born in 1947,  and (he) grew up above the family shop in London’s Theatre district, situated at the northernmost junction of Shaftesbury Avenue and New Oxford Street, near the heart of London’s West End.

 

Cat Stevens (is the former stage name of musician Yusuf Islam, born Steven Demetre Georgiou)  went on to become one of the biggest solo artists of the 1960s and 1970s, penning such songs as “Matthew and Son,” “Moonshadow,” “Wild World,” and “Father and Son” and selling over 50 million LPs ( Long-Player record).

 

Following a bout of TB early in his career, he undertook an ongoing search for peace and ultimate spiritual truth. After almost drowning in the Pacific Ocean at Malibu, he received a translation of the Qur’an as a gift from his elder brother, David. His spiritual quest for answers was fulfilled and he embraced Islam in December 1977. Six months later, he changed his name to Yusuf Islam, walked away from the music business to start a new life and raise a family. He auctioned his musical instruments and gold records and divided the proceeds between Help The Aged and Help a London Child, two UK charities. 

 

His Sarajevo concert in 1997, to celebrate Bosnian culture, was his first public appearance for 20 years. His most recent mainstream contribution was to War Child UK’s Hope album to raise money for children victimized by war in Iraq for

which he re-worked his 1971 classic, “Peace Train.”

 

His pioneering work in the field of education resulted in securing a landmark decision by the British government to certify and support Islamic education throughout the UK. The three schools he founded in London — Islamia Primary, Islamia Girls Secondary, and the Brondesbury College for Boys — constantly top the government’s examination league tables.

 

His founding and continued chairmanship of the International Board of Educational Research and Resources has resulted in the production of key textbooks and resources for Muslim schools around the world, including the development and encouragement of teachings practices rooted in the Qur’an and Sunnah.

 

Have Your Say (Note by Dr SOA: Please forgive me for changing the Europe Muslim role model to Muslim role model to widen the scope)

 

What do you think of these role models?

According to what do you call someone a Muslim role model?

Can you suggest any other Muslim role models?

Open letter to H.E. Professor Sergio Pinheiro

Open letter to H.E. Professor Sergio Pinheiro

To

Professor Sergio Pinheiro
(Brazilian law professor and
human rights investigator)
Special rapporteur of the
U.N. Secretary General on
human rights in Myanmar

 

Dear Mr Sergio Pinheiro,                                       

                                          Thank you for the great job you are going to do for the Burmese people. Instead of pressing SPDC generals to investigate the fatal crackdown on protesters in September, please may you kindly start an investigation yourself as the Myanmar SPDC top generals had all the knowledge of those and they had ordered the killing. 

We all Burmese people and some of the world observers already know that allowing you, Sergio Pinheiro, Special rapporteur on human rights in Myanmar of the U.N. Secretary General Ban Ki Moon and Mr Ibrahim Gambari are just the stage-shows to deflect the public and international outrage after SPDC Military had brutally suppressed, assaulted, arrested, tortured about six thousand and murdered few hundred of peaceful demonstrators and revered monks.  

SPDC and Than Shwe could be able to defuse the anger of the world and save the faces of their friends; China, Russia, India and ASEAN esp. Singapore and Malaysia, who would applause and go on supporting and exploiting Myanmar for another few decades. Procrastination and buying time is the ultimate goal of the SPDC Junta. At the same time, the SPDC media is repeatedly declaring that Myanmar Military Government   is steadfastly going to continue the cracking down on democratic forces until the opposition is totally eliminated or annihilated or totally uprooted. 

When Mr Ibrahim Gambari was asked by the reporters, why instead of looking around the killing field in Yangon, why did he went to Shan State and other irrelevant places, he replied that he had no  power nor mandate to go anywhere he like to investigate but just a guest of the SPDC and had to follow their arrangement.  

According to the unconfirmed reports, up to 8,000 people may have been rounded up around Yangon. This could not be independently confirmed but dissident groups have said that up to 6,000 people have been arrested since troops put down the uprising on Sept. 26 and 27 when they opened fire on crowds. The government says 10 people were killed but others say up to 200 people died in the crackdown on demonstrators who were largely led by Buddhist monks. Part of the proof is already in the photographs and videos came out from Burma and splashed in all the media worldwide.

But the SPDC Myanmar Military Junta had tried to destroy the evidences, repaired the monasteries, arrested, intimidated or killed the witnesses, confisticated all the films, audio and video evidences. So, to safe time and to make your job easy, instead of investigating all the cases of assaults, brutality and killings, please may you kindly just investigate one case which could represent all the atrocities of the SPDC on the unarmed peaceful civilians without provocation or threat of violence. 

Just investigate the murder of Japanese reporter for Tokyo-based APF News, Kenji Nagai’s case thoroughly from all the angles as if you are the investigation officer for a serious crime. If you could have the help of CIA, FBI or CSI team (Crime Scene Investigators) you could easily bring those Criminal SPDC Junta to the International Criminal Court for cold blooded killing of this Japanese photo-video Journalist.  

Footage capturing the last, terrible seconds of Kenji Nagai’s life has been aired on Japanese television and you could easily get to the root of the truth behind the 50-year old photo-journalist’s murder by Burmese troops.  

You should ask the detailed analysis of that video-clip and photos from the Japanese authorities. You could get the confirmation that the person in the pictures and video was the authentic pictures of Mr. Kenji Nagai.  

You should record the Japanese experts who had examined the footage and contradicted the official Burmese explanation of Nagai’s death – that he was killed by a “stray bullet”. 

You should record the Japanese investigators, who were seen in the news photographs at the crime scene. 

You should investigate how they get those pictures and video. And the person who shoot them. (You should plan and give the complete witness protection to the whole family of the Burmese photographer by taking the whole family back to USA immediately.) 

You must record the doctor at the Japanese embassy in Burma who confirmed that a bullet entered Nagai’s body from the lower right side of his chest, pierced his heart and exited from his back.  

You should insist to give a chance to record the interview with the “soldier” who shot Mr Nagai and if possible the squad or platoon involved.  

If you were not allowed to see the killer soldier and his troop, please kindly made sure, you get the black and white reply on paper. Who refused your request? 

You should try your best to get the most important fact, who had given the shoot to kill order? 

You need to make sure whether it is true that that even five generals including Yangon Division General were sacked because they refused to shoot the unarmed civilians and monks. If that was true, it is clear that the person who had given the order was higher than generals and Yangon Division Commander General and the five generals.

Only after the incriminating video-proof surfaced, the SPDC is trying to give excuses like a common criminal, they officially change the shooting to an accident.

What did SPDC mean by saying it was an accident? The SPDC soldiers were trigger happy and were ordered to freely shoot Myanmar citizens but they thought that the Japanese photo-journalist was a local Burmese Chinese and accidently or wrongly shoot and killed? Even if the victim in the shooting video was not a foreigner but local Myanmar citizen, it is still a crime to kill an unarmed civilian without provocation. SPDC Generals and especially Senior General Than Shwe is responsible to answer and clarify at the ICC. You should try to prove that there is Criminal Intent by SPDC.

The doctrine of transferred intent is another nuance of criminal intent. Transferred intent occurs where one intends the harm that is actually caused, but the injury occurs to a different victim or object. For example, SPDC soldier shoot the Japanese Photo-journalist “accidentally” because he thought that it was a local Burmese-Chinese.  The concept of transferred intent applies to homicide, battery, and arson. Felony murder statutes evince a special brand of transferred intent. Under a felony murder statute, any death caused in the commission of, or in an attempt to commit, a felony is murder. It is not necessary to prove that the defendant intended to kill the victim.

And the _

  1. arresting of the local journalists,

  2. cutting off the phone lines,

  3. vcutting off the internet internet

  4. Searching and

  5. confiscation of the cameras and hand phones capable of taking pictures

  6. are also clear case of trying to cover-up their crimes.

Above acts should be considered as the part of the cover-up scheme. This is the typical scenario of committing the Eighth Stage of Genocide, cover-up and denial.The whole SPDC from the Senior General Than Shwe to the soldiers who had done the shootings are all equally guilty of this killing

The “soldier” who shot Kenji Nagai was curiously wearing the slippers. I think this is the first time our world had witness a regular government soldier without boots. (Even there were reports that SPDC soldiers entered the monastries and pagodas without taking off their shoes.) May be there is some truth in the repeated rumors that SPDC officers trained the convicted criminals to shoot the rifles (or semi-automatic machine guns) and given the stimulants like Amphetamines or Ecstasy pills to commit the atrocities like killing the monks and civilians. There are also repetitive reports that the SPDC soldiers are given the same stimulants like Amphetamines or Ecstasy pills to commit raping of ethnic minorities.

If that is true, the one who ordered or give the command to shoot and kill would be more guilty then the actual perpetrators. This is a very important point for you as a prosecutor at ICC.  

Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, is the doctrine of hierarchical accountability in cases of war and serious crimes. The doctrine of “command responsibility” was established by the Hague Conventions IV (1907) and X (1907).  This The Hague Conventions IV (1907) was the first attempt at codifying the principle of command responsibility on a multinational level.

The “Yamashita standard” is based upon the precedent set by the United States Supreme Court in the case of Japanese General Tomoyuki Yamashita. He was prosecuted, in a still controversial trial, for atrocities committed by troops under his command in the Philippines. Yamashita was charged with “unlawfully disregarding and failing to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes.”

It was not until after WWI that the Allied Powers’ Commission on the Responsibility of the Authors of the War and on the Enforcement of Penalties recommended the establishment of an international tribunal, which would try individuals for_

  1. “order[ing], or,

  2. with knowledge thereof and

  3. with power to intervene,

  4. abstain[ing] from preventing or

  5. taking measures to prevent,

  6. putting an end to or repressing,

  7. violations of the laws or customs of war.”

Introducing responsibility for an omission; Command responsibility is an omission mode of individual criminal liability:

The superior is responsible for_

  1. crimes committed by his subordinates and

  2. for failing to prevent or

  3. punish (as opposed to crimes he ordered).

The Yamashita courts clearly accepted that a commander’s actual knowledge of unlawful actions is sufficient to impose individual criminal responsibility.

Additional Protocol I

The first international treaty to comprehensively codify the doctrine of command responsibility was the Additional Protocol I (“AP I”) of 1977 to the Geneva Conventions of 1949.

Article 86(2) states that:

The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from …responsibility …

  1. if they knew, or

  2. had information which should have enabled them to conclude in the circumstances at the time,

  3. that he was committing or

  4. about to commit such a breach and

  5. if they did not take all feasible measures within their power to prevent or repress the breach.

Article 87 obliges a commander to

“prevent and, where necessary, to suppress and report to competent authorities” any violation of the Conventions and of AP I.

In Article 86(2) for the first time a provision would “explicitly address the knowledge factor of command responsibility.”

The term “command” can be defined as_

A.  De jure (legal) command, which can be both military and civilian. The determining factor here is not rank but subordination.

Four structures are identified:

  1. Policy command: heads of state, high-ranking government officials, monarchs

  2. Strategic command: War Cabinet, Joint Chiefs of Staff

  3. Operational command: military leadership; in Yamashita it was established that operational command responsibility cannot be ceded for the purpose of the doctrine of command responsibility – operational commanders must exercise the full potential of their authority to prevent war crimes, failure to supervise subordinates or non-assertive orders don’t exonerate the commander.

  4. Tactical command: direct command over troops on the ground

B. De facto (factual) command, which specifies effective control, as opposed to formal rank.

This needs a superior-subordinate relationship. They are:

  1. Capacity to issue orders

  2. Power of influence: influence is recognized as a source of authority in the Ministries case before the
    US military Tribunal after World War II.

  3. Evidence stemming from distribution of tasks: the ICTY has established the Nikolic test – superior status is deduced from analysis of distribution of tasks within the unit, it applies both to operational and POW camp commanders.

Additional Protocol I and the Statutes of the ICTY, the ICTR, and the ICC makes prevention or prosecution of crimes mandatoryThe Nuremberg Charter determined the basis to prosecute people for:

  1. Crimes against humanity: murder, extermination, enslavement, deportation, and other inhuman acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

The jurisdiction ratione personae is considered to apply to “leaders, organisers, instigators and accomplices” involved in planning and committing those crimes.

You should also try to prove the Malice of the SPDC. It is a state of mind that compels a person to deliberately cause unjustifiable injury to another person. At common law, murder was the unlawful killing of one human being by another with malice aforethought, or a predetermination to kill without legal justification or excuse.

The whole world knows that you would be able to show the proof of the Motive of SPDC.  As Motive is the cause or reason that induces a person to form the intent to commit a crime. It is not the same as intent. Rather, it explains why the person acted to violate the law. The knowledge that SPDC will receive the permanent dominance of Myanmar Military upon the death of the demonstrators is clearly the motive for those murders or massacres. But anyway the proof of motive is not required for the conviction of a crime. The existence of motive is immaterial to the matter of guilt when that guilt is clearly established. However, when guilt is not clearly established, the presence of motive might help to establish it. If a prosecution is based entirely on circumstantial evidence, the presence of motive may be persuasive in establishing guilt; likewise, the absence of motive might support a finding of innocence.

Instead of proper apology, or an acknowledgment expressing regret or asking pardon for a fault or offense from the SPDC Generals we are getting the excuses, to explain (a fault or an offense) in the hope of being forgiven or understood. SPDC falsely hope to be freed from the crimes, as from an obligation or duty. But sadly those were even not the explanations offered to justify or obtain forgiveness, nor reason or grounds for excusing: Senior General Than Shwe and other top generals must know that Ignorance is no excuse for breaking any law, local or ICC.

An excuse is essentially a defense for an individual’s conduct that is intended to mitigate the individual’s blameworthiness for a particular act or to explain why the individual acted in a specific manner.

To be excused from liability means that although the defendant may have been a participant in the sequence of events leading to the prohibited outcome, no liability will attach to the particular defendant because he or she belongs to a class of person exempted from liability. In normal circumstances, this will be a policy of expediency. Hence, members of the armed forces, the police or other civil organizations may be granted a degree of immunity for causing prohibited outcomes while acting in the course of their official duties, e.g. for an assault or trespass to the person caused during a lawful arrest. But in the Cases of the Crimes against Humanity, Genocide and Ethnic Cleansing or the Massacre of peaceful demonstrators and the point-blank shoot to killing of the Japanese Photojournalist cases at the ICC the above excuses are not valid at all. 

As a Law Professor, I hope you should told SPDC on their face to understand that they could not claim for the Diplomatic Immunity as they are not diplomats. It is for the exemption from taxation and ordinary processes of law afforded to diplomatic personnel in a foreign country only.

You should warn SPDC Generals that they should also understand that they could not claim for the executive privilege, exemption of the executive branch of government, or its officers, from having to give evidence, specifically, the exemption of the head of the government from disclosing information to inquiries or the judiciary. Claims of executive privilege are usually invoked to protect confidential military or diplomatic operations or to protect the private discussions and debates of the president with close aides. Efforts by various the head of the governments to gain absolute and unqualified privilege have been rejected by the International Criminal Courts.

So, Mr Sergio Pinheiro, as you had made the remark while delivering his annual report on the human rights situation in the country, adding events that occurred since issuing your last written report in August. From Sept. 26-28 when authorities used what you, Pinheiro called “excessive force,” including firing on and beating protesters, to rein in the large crowds. But your good self, Mr Pinheiro, could not present exact figures for how many had been killed and arrested, you cited other reports that between 30-40 monks and 50-70 civilians had allegedly been killed and 200 beaten. “It is difficult at this stage to provide you with accurate numbers of persons killed and arrested as well as those who are still detained,” you had said, adding that you hope to travel to the country to make a more accurate assessment based on witness testimonies and meetings with authorities.In accordance with a resolution passed by the Human Rights Council earlier in the month, you will urge authorities to carry out a set of actions, including conducting “independent and thorough investigations into the killings and enforced disappearances” as well as taking “action against those responsible.”

You said you will also press officials

  1. to reveal the whereabouts of missing persons,

  2. take steps to unconditionally release all detainees,

  3. grant amnesty to those who have been sentenced,

  4. allow them access to humanitarian personnel, and ensure for their physical and psychological safety. 

You and others in the international community have repeatedly expressed concerns about the fate of thousands of protesters who have reportedly been detained.

Thank you for calling on officials to “immediately and unconditionally release the detainees and political prisoners” including General Secretary of the National League of Democracy Aung Sang Suu Kyi, who you had noted had been held for exactly 12 years under house arrest.

“The stability of Myanmar is not well served by the arrest and detention of political leaders or by the severe and sustained restriction of fundamental freedoms,” you had further stated. “There will be no progress in Myanmar’s political transition unless ordinary people have space to express their views and discontent peacefully and in public.”

“My task is to offer an honest, complex, objective picture of the crisis … the excessive use of force, what’s happening in terms of detainees, the number of deaths,”you had said.

You  said that you would then present a report with your recommendations to the Geneva-based Human Rights Council on December 11.

According to you, ”I have reports that the chase of bystanders or people involved in the manifestations continues. I think that the situation of fear prevails. I don’t think that the repression has finished,” you said.

You said that reports of deaths, torture and disappearances of those taken into custody continue to come in. “What annoys me is that the repression has not stopped a single moment — this is what annoys me — despite all the universal appeals,” you rightly  told reporters at the United Nations, during a press conference at UN Headquarters, you said: “I don’t think that the repression… has finished,” adding that a “situation of fear prevails” in the country.

“I will ask free access, the secretary general will ask free access,” Pinheiro said, adding that visiting prison cells to speak to detainees was “a requirement.”

We hope you would not forget the above noble quotes and remarks you had given infront of the international media.

We hope and pray that you would not be constrained by the military junta,by hook or by  crook, but be able to go where you want in Myanmar as you had vowed.

 

Thanking You

Yours Humbly

 

Dr San Oo Aung