Frequently Asked Questions (FAQs)

1. How is an International Criminal Court (ICC) referral different from a Commission of Inquiry?

The campaign for an ICC referral is compatible with a campaign for a Commission of Inquiry. They are both means to getting the ICC to address the situation in Burma. The UN Security Council permanent members China and Russia are the major obstacle to obtaining a UN Security Council referral to the ICC. In order to establish the need for an ICC investigation, it may be more politically viable to persuade the UNSC to request the UN Secretary General to appoint a Commission of Inquiry into war crimes and crimes against humanity in Burma. A recommendation from the CoI to refer individual SPDC members to the ICC would help pressure reluctant UN Security Council members to refer the matter to the ICC.

2. Can the ICC Prosecutor investigate individuals who are non-state actors?

Yes, once the ICC referral is made, the ICC Prosecutor would look at crimes committed by non state actors as well. This means that individuals who are members of anti-SPDC groups that are alleged to have committed war crimes and crimes against humanity can also be investigated and prosecuted by the ICC.

3. How will those indicted be brought before the Court?

The ICC does not have an independent police force. It relies on countries to extradite suspects to The Hague. States that have ratified the Rome Statute are expected to comply with the ICC’s requests for extradition as long as it doesn’t conflict with other treaty obligations.

4. What will happen to people found guilty by the Court?

Those found guilty will be held in prison in The Hague. The Court can also order convicted criminals to pay reparations to individuals and communities they harmed. The ICC cannot impose the death penalty.

5. What about the victims?

Victims and other witnesses to crimes may give evidence and testimony. Unlike other international tribunals, the ICC has a department responsible for supporting witnesses, - including taking steps to ensure their safety and emotional well-being throughout the process. The ICC can also compensate victims. Victims can also participate in sentencing and sentence reduction hearings.

6. How does the ICC differ from the International Court of Justice (ICJ)?

The ICJ’s main function is to settle legal disputes between states as opposed to individuals, and cannot hold individuals accountable. The ICJ’s decisions are non-binding. The ICJ can also give non-binding advisory opinions on any legal question at the request of whatever body may be authorized (UN General Assembly, UN Security Council, International labor Organization).

7. What will happen if there is no action by the UNSC?

The failure by the UNSC to address the situation in Burma will reinforce the climate of impunity for widespread and systematic abuses committed by the SPDC. This will embolden the regime to resort to more violence, resulting in increasing regional insecurity and instability.

8. What about the campaign for a global arms embargo on the SPDC?

Many groups calling for the establishment of a Commission of Inquiry are also calling for a global arms embargo on the SPDC as a means of applying further political pressure on the SPDC. Despite appalling human rights violations, there is no UN global arms embargo on Burma. The SPDC can still buy weapons in the international marketplace to commit horrific human rights abuses and spends nearly half its budget on the military while letting its people suffer from inadequate healthcare and lack of education. A global arms embargo would show the SPDC that the international community is serious about both human rights in Burma as well as regional peace and stability.