In a dedicated report issued in 2019, the UN Fact-Finding Mission on Myanmar reported on the high prevalence of sexual and gender-based crimes allegedly being committed by the military, state security forces and armed groups across the country, and particularly in Rakhine, Kachin, and Shan States. The report reflects what local communities and civil society organisations have been saying for decades: that the persecution of ethnic groups by the Tatmadaw and others in Myanmar has gendered dimension, rooted both in historical ethnic divisions and gender inequality. No one is spared; men, women, boys, girls and LGBTQI+ persons have all been targets of international crimes based on their gender.
In a recently published briefing paper, based on interviews with key stakeholders – including the Office of the Prosecutor at the International Criminal Court, the Independent Investigative Mechanism for Myanmar, the Gambia’s legal team in International Court of Justice proceedings, and actors pursuing universal jurisdiction – the International Commission of Jurists examines how relevant accountability bodies and actors address, or aim to address, gender-based crimes committed in Myanmar in their work. The paper considers the extent to which each body adopts a gender-competent approach in both form and substance, making recommendations regarding steps that could be taken to ensure effective accountability for these crimes.
Based on this research and the work of accountability bodies, this panel will explore the following questions:
• How are gender and intersecting identities and characteristics, including ethnicity, relevant to the commission of international crimes in Myanmar? How do they impact perpetrators’ intent and opportunity to commit gender-based crimes and the range of harms experienced by victims?
• How can we ensure a gender-competent and intersectional approach informs the life cycle of an accountability process, from how we conduct our investigation, to what charges we pursue, what evidence we lead and what reparations we seek?
• What challenges do accountability bodies and actors face when seeking to ensure they adopt effective gender-competent and intersectional approaches to justice for crimes committed in Myanmar? What can be done to overcome them?
• What is needed to ensure adjudicators have context-specific gender-competence when determining liability for crimes under international law?