Can the ICC help in Burma

Recent atrocities in Burma are crippling to human rights movement. The tally of deaths in Burma has been staggering not to mention the murder, beating and arrest of 70 monks. In an age where universal values are significantly apparent, it is a shock that such atrocities occur without punishment or restraints from the perpetrators. Is this not the type of events the International Criminal Court is supposed to prevent? The International Criminal Court could potentially be powerless and prove inutile as an international institution in the prevention of war crimes, or crimes against humanity in Burma.
This is not the first time Burma has violated human rights. In 1939, Burma ran a bloody campaign against the Karen People. The backlash of this campaign is evident in the approximately 160,000 Karen located in nine refugee camps along the Thai-Burma border. The Mae La Refugee camp is the most notorious of the nine, and is residence of refugees who have lived here for 23 years. Even with the proximity to both Thailand and Burma, refugees are not permitted to return home or integrate locally. Aside from a few activists, the world is oblivious to the existence of these people and the Court does not have anyone to prosecute for infringements on human rights. The Court can only prosecute perpetrators who committed genocide, war crimes or crimes against humanity after the ratification of the Rome Statute of 2002.
Burma is a test not only to the international community but also to the Court. Even in its infancy, the Court must demonstrate the extent to which it will go to maintain justice and protect humanity. The Court must take on the responsibilities of deterring repressive regimes from oppressing citizens. Sanctions in Burma’s case do not suffice. The Court’s response to the Junta of Burma could expose weaknesses of the Court, initiate amendments in its structure or devalue the importance of international institutions.
Under the jurisdiction of the Court, it may only prosecute perpetrators referred by the United Nations Security Council. The Junta has been compare to Robert Mugabe, President of Zimbabwe and perpetrator of crimes against the people of Zimbabwe. The Junta can be prosecuted for war crimes and crimes against humanity. On September 27, 2007, the United Nations Security Council met in response to pressure from the West for coordinated sanctions. But Russia and China argued that the unrest was an internal matter that should not be on the council’s agenda at all. Of course such a perception is warranted. It is unlikely the junta respects the jurisdiction of the Court especially since the Court lacks China, Russia and U.S. support.
The International Criminal Court must set itself aside from the political realm. It is now, in Burma’s case, that the Court must demonstrate it will support democracy, peace and human rights. The Court must demonstrate it will defend those with the audacity to question and march against an oppressive regimes so that the death of monks in Burma is not in vain. Doing so will empower the oppressed, encourage activists and deter oppressors from causing future crimes.

Sources:
http://www.timesonline.co.uk/tol/news/world/asia/article2554067.ece
Burma’s saffron revolution (cover story) Economist, 10/29/2007, Vol. 384 Issue 8548, special section p29-31, 3p.