Application pursuant to Rule 103(1) of the Rules of Procedure & Evidence Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar to represent the interests of the Myanmar public and those strongly objecting to the involvement of the International Criminal Court in Myanmar’s sovereign affairs

Pursuant to Rule 103(1) of the Rules of Procedure and Evidence, the Confederation of
Trade Unions Myanmar – “CTUM” hereby seeks leave to present observations to
assist Pre-Trial Chamber III of the International Criminal Court in the determination
of the issues arising out of the Prosecutor’s ”Request for the authorisation of an
investigation pursuant to article 15”1 (”the Prosecutor’s Request”).
The Applicant
1. The Confederation of Trade Unions Myanmar – “CTUM” (”the Applicant”)
was formed in 1991 with the vision of restoring democracy in Myanmar and creating
equal employment opportunities for all. Through the execution of its mandate and
by fostering strong industrial relations, the Applicant is working to develop greater
awareness of all social and political issues currently affecting Myanmar.
2 The conflict
in Rakhine State affects Myanmar as a whole and, consequently, the Applicant is
ideally poised to represent the interests of the Myanmar public and those strongly
objecting to the involvement of the International Criminal Court in Myanmar’s
sovereign affairs. The Applicant will seek to assist the Court by providing a
Myanmar perspective to a number of issues arising out of the Prosecutor’s Request
which might otherwise be lacking.
2. The Applicant is aware of, supports and hereby adopts the substance of the
request for leave to submit observations filed by Professor Dr. Tin Aung Aye on 10
October 20193 and, likewise, makes this petition in the full knowledge that the
Government of the Republic of the Union of Myanmar has taken the principled
decision not to engage with the International Criminal Court.4

3. The Applicant agrees that the need for submissions which challenge the
Prosecutor’s assumptions and adopted narrative is imperative in an adversarial
system of law and should not be viewed by the learned Pre-Trial Chamber as
unnecessarily provocative. Accordingly, The Applicant believes that it would be in
the interests of justice for the Court not just to receive but, even, to invite5
submissions in order to ensure a balanced presentation of views, pertaining to the
political and humanitarian situation in Rakhine State.