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Myanmar military is a terrorist organisation under law

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A briefing paper published by the Special Advisory Council for Myanmar (SAC-M) demonstrates that the Myanmar military junta is a terrorist organisation, as defined in national and international law, and concludes that it should be designated and treated as such.

The Myanmar military junta is committing acts of extreme criminal violence, intended to provoke such a state of terror in the population that ultimately people will submit to its political agenda. In the first week of December, junta forces burned to death 11 men and boys and rammed vehicles into peaceful protesters with lethal effect.

These are examples of the latest incidents in the military’s brutal 11-month-long campaign of terror. The level of sheer cruelty being inflicted on people in Myanmar is unmatched in terms of recent human rights atrocities being reported in other parts of the world.

“People in Myanmar have been calling the military terrorists ever since the post-coup violence began in February,” Yanghee Lee of SAC-M said. “They are right. Only terrorists could commit such beastly acts.”

The briefing paper provides an overview of relevant national and international law on terrorism. The National Unity Government of Myanmar declared the Myanmar military a terrorist organisation under Myanmar’s 2014 Counter-Terrorism Law in June.

“The National Unity Government rightly discharged its authority to prescribe the Myanmar military as a terrorist organisation,” Marzuki Darusman of SAC-M said. “The United Nations and other governments should do the same.”

SAC-M’s briefing paper outlines three core elements that are required under international law to constitute an act of terrorism.

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First, there must be intentional action to take hostages, cause death or serious injury or use lethal or other violence against members of the general population.

Second, the action must be intended to provoke a state of terror in the general public, or to compel a government to do or abstain from doing something.

Third, the action must be a serious criminal offence under national or international law.

“The military’s behaviour clearly falls within the definition of terrorism contained in international counter-terrorism treaties and it should be treated as a terrorist organisation by the international community,” Chris Sidoti of SAC-M said. “That means cutting off its access to weapons and cash. All remaining funds, financial assets and economic or other resources available to it, whether directly or indirectly, must be immediately cut off.”

The Myanmar military junta is responsible for widespread violations of international human rights law and international humanitarian law, and serious international criminal offences. The military’s acts of terror constitute part of a widespread and systematic attack on the civilian population amounting to crimes against humanity. – SAC-M

Yanghee Lee is the former UN special rapporteur on the situation of human rights in Myanmar, who held the mandate from 2014 to 2020

Marzuki Darusman is the former chair of the UN Independent International Fact-Finding Mission on Myanmar (FFMM)

Chris Sidoti is a former member of the FFMM

In 2018, the FFMM called for the investigation and prosecution of Senior General Min Aung Hlaing and his top military leaders for genocide, crimes against humanity and war crimes.

In 2019, the FFMM exposed the extent to which the Myanmar military uses its own businesses, foreign companies and arms deals to sustain its operations and called for immediate targeted sanctions and arms embargoes.

Yanghee Lee is the former UN special rapporteur on the situation of human rights in Myanmar, who held the mandate from 2014 to 2020

Marzuki Darusman is the former chair of the UN Independent International Fact-Finding Mission on Myanmar (FFMM)

Chris Sidoti is a former member of the FFMM

In 2018, the FFMM called for the investigation and prosecution of Senior General Min Aung Hlaing and his top military leaders for genocide, crimes against humanity and war crimes.

In 2019, the FFMM exposed the extent to which the Myanmar military uses its own businesses, foreign companies and arms deals to sustain its operations and called for immediate targeted sanctions and arms embargoes.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama
  1. Tegakkan maruah serta kualiti kehidupan rakyat
  2. Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
  3. Raikan kerencaman dan keterangkuman
  4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
  5. Lawan rasuah dan kronisme
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