ACTIVITIES & EVENTS
ACTIVITIES & EVENTS
The Asia Justice Coalition works as a collective to amplify our members’ initiatives and their
efforts to advance international justice and human rights in Asia. We, therefore, provide
aggregated and updated information and news on the Coalition’s projects, activities and events.
The Asia Justice Coalition works as a collective to amplify our members’ initiatives and their
efforts to advance international justice and human rights in Asia. We, therefore, provide
aggregated and updated information and news on the Coalition’s projects, activities and events.
Exploring State Values and Interests in Pursuit of International Justice in Asia
At time of writing, it has been more than 7 years since the so-called ‘clearance operations’ conducted against the Rohingya people of Myanmar. Since 2017, the situation in Myanmar has deteriorated further, marked by the military coup in 2021, widespread human rights violations, and escalating armed conflict across the country. Impunity, it appears, begets instability and further impunity.
Legal accountability is one part of addressing the permissiveness that enables ongoing violations.
The situation in Myanmar is representative of an ‘accountability gap’ for international crimes. Despite ongoing proceedings in the International Court of Justice and the International Criminal Court, accountability for non-State actors for harms committed in Myanmar are limited. Universal criminal jurisdiction matters assist in bridging this gap, but proceedings in, for example, Argentina are geographically and culturally distant.
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In an AJC closed-door expert convening on universal jurisdiction in Asia, participants discussed why there are not more opportunities to pursue international justice matters in Asian domestic courts. It was acknowledged that Asia has the lowest regional uptake of the Rome Statute of the International Criminal Court and few States have incorporated international crimes into their domestic criminal codes. However, discussing why the legal avenues that do exist are not used more often, participants discussed the issue of absent political will.
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Participants stated that, particularly throughout Asia, the principles of ‘sovereignty and non-interference act as practical and manufactured hurdles to bringing’ crimes committed in other States’ jurisdictions in domestic courts. Participants also pointed out that the geographical
distance of international justice mechanisms from Asia ‘lends itself to States making stronger rhetorical arguments regarding violations of sovereignty and non-interference [when] the mechanisms were created not “by the region, for the region”’.
To understand political will, participants recommended considering States’ ‘values’ and ‘interests’. The two concepts are interconnected. ‘Values’ reflect decision-makers’ understanding of a shared identity and appeal to preferences such as ‘consultation and cooperation’ and
‘adherence to the rule of law’. ‘Interests’, on the other hand, may relate to a State’s diplomacy, security concerns, or economic opportunities.
This project examines the concept of political will through the lens of values and interests in three States—Bangladesh, Indonesia, and Malaysia. While each case study addresses distinct political dynamics, all are anchored in policy responses related to crimes experienced by the Rohingya.
To inform the project, AJC and the Centre for Peace and Justice, BRAC University (CPJ) held two, two-hour closed-door discussions in February 2023 with humanitarians, academics, an lawyers from across ASEAN Regional Forum members and South Asia whose work addresses the protracted refugee situation in Bangladesh and crisis in Myanmar or related issues. Among other questions, participants were asked whether they could identify particular State ‘interests’ in or ‘values’ related to preventing or addressing impunity concerning Myanmar and where these ranked in domestic priorities. These discussions resulted in a scoping paper, upon which this report series builds. The research team is indebted to those who shared their thoughts and expertise.
The three resulting reports provide differing perspectives and approaches to understanding political will in relation to accountability for the Rohingya crisis. The Bangladesh report explores how accountability is framed in relation to the country’s primary policy objective: repatriation of the Rohingya. The Indonesia report uses an analysis based on the Narrative Policy Framework to examine how the Indonesian government’s narrative on the Rohingya crisis shifted from an initial focus on international and regional cooperation for restoring stability and humanitarian aid (2017, 2021) to prioritising national security interests (2022, 2023). The Malaysia report takes a comparative approach, examining the country’s significant engagement with the International Court of Justice in relation to crimes committed in Palestine, and assessing whether—and how—this political will might extend to accountability for crimes against the Rohingya.
Across the case studies, we identify opportunities for advocacy by reframing the pursuit of international accountability not only as a matter of values, but also as one aligned with national interests. This framing could open greater political space to promote all available accountability
mechanisms—including the exercise of universal jurisdiction where available—as both a principled and pragmatic policy objective.
Acknowledgements:
The Bangladesh study was researched and drafted by Samiha Tasnim and Umran Chowdhury.
The Indonesia study was researched and authored by Amanda Tan.
The Malaysia study was researched and authored by Kuberan Hansrajh Kumaresan.
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Report design and production is by Md Wahidul Islam, Deputy Manager, Communications and Documentation (CPJ) and Faruk Mia.​ Additional thanks are given to a colleague and Arafat Reza Jaan, Analyst (CPJ) for further drafting, proofreading, and referencing support.
All reports were edited by Jennifer Keene-McCann (Senior Law and Policy Advisor, AJC) and mistakes remain with the editor.
About the Report Cover
The cover photograph represents the diversity, unity, longing for justice and cultural identity through the expressive symbolism of Mehdi (Henna) applied on the hands.
Each hand tells a story of a Rohingya girl's perception and interests of beauty highlighting the community's heritage.
By placing the hands in a circular harmony, the design emphasizes solidarity, justice, shared conception of beauty and values of Rohingya girls belonging to different backgrounds.
Cover Artist and Description: Mohammed Junaid
