MYANMAR's barbarity against the Rohingya is back in the news, notwithstanding Covid-19 taking all the available space in the media.
Boatloads of them are still escaping the atrocities of Myanmar's military regime, putting themselves at the risk of dying at sea. Staying put must mean a sure death.
This despite the United Nation's highest court, the International Court of Justice in The Hague, ruling on Jan 23 that Myanmar take concrete steps to stop the persecution of the Rohingya.
But the world isn't surprised.
De facto leader of the genocidal regime, Aung San Suu Kyi, gave us a glimpse of what was in store for Rohingya still in the Rakhine state in what can only be described as concentration camps when she travelled to the ICJ to shamelessly deny the genocide charges brought by The Gambia despite overwhelming evidence to the contrary.
The UN and other non-governmental organisations have evidence of systematic murders, rapes and plunder by the Myanmar army and extremist Buddhist monks. One such evidence is the Aug 24 report of the UN Human Rights Council that details how the army, in a premeditated and genocidal fashion, killed more than 10,000 helpless Rohingya.
Myanmar's genocidal tendencies must be stopped. And they must be stopped now.
But two things must happen for them to end. First, the army generals and others responsible must be put to trial.
Under normal circumstances, the best to try them is the International Criminal Court based in The Hague. In fact, a pre-trial chamber of the ICC did say in September 2018 that it can try Myanmar even though it is not a signatory to the Rome Treaty that created the court in 2002.
Not much has been heard after that. There is a reason for this. There is just too much of geopolitics to enable the ICC to dispense justice to all. Justice wasn't the first resort when the ICC was brought into being. ICC's history tells us this.
The Rome Treaty's article 16 goes to the extent of enabling the UN Security Council to suspend an investigation or prosecution for 12 months, renewable at that.
The UNSC can refer cases to the ICC, too. Again, any such attempt will be vetoed out.
Myanmar-friendly China and Russia have done this before. Sadly, national interest will trump justice. The only alternative is a special international tribunal made of judges from nations that have no interest in Myanmar.
Hard sell, but can be done. Malaysia did it for Iraq. Otherwise, we will have a court by the victor or victims. Neither will do.
As Lord Hewart CJ so famously put it: "It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done".
But putting away war criminals and others complicit in such crimes alone would not end genocides of the Rohingya. Or genocides of other minorities. It is just a beginning.
A second and more permanent solution is needed.
Rohingya have been in Myanmar since time immemorial. Their status as citizens must be recognised. Rohingya must be a people again. So must the rights of all other minorities as citizens.
Myanmar is a nation of 135 ethnic groups, with the Bamar being the majority. Myanmar can't be just for the Bamar. Little wonder conflicts are as old as Myanmar. If Myanmar can't live with its multiethnic people, the international community must see to it that it does.