The Mercury

Myanmar spiralling out of control

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THE military crackdown in Myanmar is morphing into a civil war, which could escalate into genocide as a docile world remains on the sidelines.

The merciless killing of civilians, including 50 children, in Myanmar is a clear violation of internatio­nal law and a gross violation of the UN Charter. This grave situation is spiralling out of control. The brutal action of all the fascists is a gross violation of internatio­nal law as set out in the Nuremberg principles.

Principles of internatio­nal law recognised in the charter of the Nuremberg tribunal and the judgment of the tribunal in 1950:

Principle 1: Any person who commits an act which constitute­s a crime under internatio­nal law is responsibl­e, therefore liable for punishment.

Principle 2: The fact that internal law does not impose a penalty for an act which constitute­s a crime under internatio­nal law does not relieve the person who committed the act from responsibi­lity under internatio­nal law.

Principle 3: The fact that a person who committed an act which constitute­s a crime under internatio­nal law acted as head of state or responsibl­e government official does not relieve him from responsibi­lity under internatio­nal law.

In the 20th century, women and children became the victims of armed conflict.

The most fundamenta­l challenge for any internatio­nal legal system that wishes to mitigate the suffering of children in war is to ensure their very survival.

Internatio­nal humanitari­an law is the body of internatio­nal law that governs the conduct of war; it sets out the parameters of what is legally permissibl­e during hostilitie­s.

From what we know about young protesters and children’s experience in the Myanmar conflict, and the fact that they are increasing­ly purposeful­ly targeted, one must question the efficiency of the legal protection available under humanitari­an law.

Protecting civilians is the most important challenge ahead for the UN and internatio­nal policymake­rs.

FAROUK ARAIE | Benoni

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