Thread by @JudithBeyer

THREAD 21 of writing against the 🪖-coup is a thread in which I will look at what the so-called “international community” can/might/won’t do for the #CivilDisobedienceMovementMyanmar #WhatsHappeninglnMyanmar #March3Coup #RejectTheMilitary #UN #EU @UNHumanRights @coe @RapporteurUn

1. The calls for “action” are getting louder. And rightly so! From the moment 19-year old Mya Thwet Thwet Khine was shot, the police/military has continued committing the most serious crimes. To shoot, beat, and arrest peaceful protestors is against national and international law

https://twitter.com/cvdom2021/status/1366994147199102977

2. Since #Feb28Coup the day of #MilkTeaAlliance protests we have seen an escalation in violence by the military which no longer targets protestors but bystanders. It is also clear that people are getting executed: shot in the head.Result is instant incapacitation and likely death

3. Shooting has become so pervasive that my friends share manuals of the US Navy Seals on FB: e.g. what to do first when hearing gun shots: ၁။ သေနတ်သံကြားတာနဲ့ တန်းမပြေးဘဲ ဝပ် သို့ ထိုင်ချလိုက်ပါ။ This is necessary knowledge now bcs. the military does NOT play by the rules.

4. We can safely say that NONE of the behaviour we’ve seen in the last days was in line with inter/national law. The arrests, the beating, the destruction, the looting, the shooting and killing are ALL unwarranted to deal with people exercising their right to free assembly.

5. The arrest of journalists, some even clearly recognisable by wearing “press” helmets, is against international (humanitarian) law. Journalists have the status of civilians and deserve protection under an UN Convention. Also protected are civilian objects such as cameras.

6. Moreover,police/military have arrested people in their own homes. Laws have been amended to make this look “legal”. While the military is trying to cover up atrocities through “rule by law” (instead of “rule of law”)there is no way to justify the recent crimes against humanity

7. I could go on and on about how everything that is happening in #Myanmar is illegal acc. to international law right now. So the question the protestors and most people in the country are asking themselves is understandable: why does the #UN only issue statements? #March3Coup

8. The #UN was founded after the 2WW in 1945 as an instrument of international cooperation with the purpose of preventing atrocities the scale of the previous World War from happening ever again. It was a voluntary joining of nation states, by then the dominant form of statehood.

9. "Almost all nations observe almost all principles of international law and almost all of their obligations almost all the time” (Louis 1979). The UN has the status of an #IO; it is not a "supra state" and has no authority to intervene in the affairs of other sovereign states

10. Thus, the #UN needs to rely on its member states wish to comply with the international norms, the Conventions and the mechanisms it has put in place -- there is no way to make a state comply. Hence the heavy reliance of rhetorics to "remind" member states of their obligations

To put it bluntly: in most cases, the #UN can do very little other than issue "statements", convene Human Rights Council and Security Council sessions, have special rapporteurs reporting on atrocities, have experts gather and analyse data, discuss reports of the int. courts...

12. Now let's look at the other mechanisms the #UN has in place: 1. UN #peacekeeping forces (also the "Blue Helmets"). They are there for peace-KEEPING: they only enter a state's territory AFTER conflicting parties / state have agreed to negotiate and want support from the #UN.

13. However, Art 42 of the #UN Charta, authorizes the SecCouncil ‘to take action by air, sea, or land forces as may be necessary to maintain or restore international peace and security’ this can be decided upon when Art 41 does not suffice (econ sanctions) un.org/en/sections/un…

14. The #UN and the "international community" are currently moving from "reminding" the #Myanmar military regime of their international obligations and discussing sanctions in line with Art. 41. There are also "monitoring the situation" (gathering evidence). #March3Coup

15. Chapter VII requires a decision by the SecCouncil. The Council has 5 permanent members qua the 1945 #UN Charta: China, France, Russia, USA and UK. Now: "Except in votes on procedural questions, a decision CANNOT BE MADE IF THERE IS A NO VOTE OR VETO, by a permanent member"

16. During the 29th Special Human Rights Council Session on Feb. 12, both China and Russia declared the #militarycoupinMyanmar to be an "internal affair". It is HIGHLY UNLIKELY that they will change their opinion soon. They will be able to block any advancement to invoke Ch VII.

17. While I have been writing this, dozens of people have been killed in #Myanmar - my thread is overflowing with the most horrible footage of blood and death. I cannot imagine what people in the country are going through. This will traumatize so many for so many years to come...

18. Friends of mine post reminders to not use #NLD flags at the funerals as "they have not died for the NLD, they have died for #Myanmar" Despite the horror that reigns throughout the country, I see many trying to coordinate, to cooperate, to install self-governance #March3Coup

19. The latter will be crucial as there will be little to no "help" coming any time soon from the #UN @ASEAN even let the military take part in their roundtable, thereby legitimizing the regime even further. It will be up to the #CivilDisobedienceMovementMyanmar to fight the coup

20. If the #CivilDisobedienceMovementMyanmar cannot rely on the #UN mechanism to work in their favour any time soon, what are other options apart from economic sanctions and/or arms embargo that each state can issue on its own? #Myanmar could be brought before the @IntlCrimCourt

21. Here, a referral by the #UN SecCouncil is NOT necessary: "In the absence of a UNSC referral of an act of aggression, the Prosecutor may initiate an investigation on her own initiative" icc-cpi.int/about/how-the-…

22. It would require the Prosecutor gathering and establishing evidence that - in the case of #Myanmar - crimes against humanity have been committed (remember that parallely the country stands accused of #genocide against the #Rohingya at the @CIJ_ICJ in The Hague right now).

23. The earliest date a Prosecutor could act is 6 months after SecCouncil was asked whether an act of aggression has been committed. If not determined by the SecCouncil, the Prosecutor may nonetheless proceed. 6 months is also the time it takes to deploy Blue Helmets!

24. A young girl was executed today by the military. She wore a black t-shirt with the line "Everything will be ok". I so hope that she is right, even though her life was taken so brutally. I can't imagine what parents, family, friends, comrades are going through right now. 🖤

25. Listening in on a current roundtable where U Khin Saw Win,former political prisoner & activist just spoke fondly of #GenerationZ: "They have adapted a form of radical politics. And when they will grow up the military will fear them even more" #CivilDisobedienceMovementMyanmar

26. This is from the Instagram page of my friend and research assistant. It truly is heart-breaking and all of my worst nightmares are coming true 😢 Rest in power everyone who lost their life today across #Myanmar ✊🏼🙏🏼🌿

27. In the thread I focused on the limits of what the "international community" can do. I wrote this to let people in #Myanmar now that - unfortunately - nobody will come and "rescue" the country. This is the bitter truth. As long as the #UN SecCouncil is blocked, that is.

28. But that does NOT mean that "the international community" is free to watch and do nothing. We ALL have an obligation to raise our voices, to report the atrocities to our governments, to increase international pressure and to help gather evidence. There IS the #ICC and #ICJ

29. The more everyone remains aware of the high costs the #CivilDisobedienceMovementMyanmar is currently bearing, our governments will hopefully increase their pressure, too. We not only need a united #Myanmar, we also need a united international stance against the #militarycoup

30. I will end today's thread with an excerpt from a post by @Gargi_at_home, sociologist and author of forthcoming book "Empire’s Endgame: Racism and the British State" (Pluto, 2021) which I am looking forward to. Here's the quote - it's on 💔
#March3Coup
plutobooks.com/blog/we-the-he…