On Wednesday a group of public figures in Indonesia petitioned the Constitutional Court for permission to file a case against the Myanmar junta for suspected crimes against humanity, war crimes, and genocide against Muslims.
“All human rights laws should protect not only the citizens of the country, but the whole world,” Amsari said this by adding more that the Indonesian Constitution adheres to the principle of universal jurisdiction, which is why it speaks of the whole world and not all citizens.
The Constitution of the Republic of Indonesia speaks of human rights abuses universally. However, Article 5 of Law 26, 2000 places a restriction and specifies that trials for human rights violations can only take place if an Indonesian national commits the crime. Thus, the petition seeks to change this clause and extend protection to the citizens of Myanmar. According to petitioner and former Attorney General of Indonesia Marzuki Darusman, “the Indonesian Constitution makes it clear that everyone has the right to equal treatment before the law.” Darusman believes that the change would expand the scope of protections and allow the junta to be tried in Indonesian Court.
The move is unprecedented and could lead to the first universal jurisdiction case against the Myanmar military in an ASEAN member state.
There are well documented cases including the torture of journalists, health workers, teachers, lawyers, and humanitarian workers. The Rohingya Muslims have been subjected to the same atrocities and despite cases in the International Court of Justice and the International Criminal Court, it appears justice is delayed.
Unless there is accountability against the junta, there will be further crimes and abuses and the continuation of genocide.
ASEAN countries, including Indonesia, must act now. Because the people of Myanmar will never find justice through their own court system which has become a politicized tool in the hands of a vindictive junta. Meanwhile, cases against the Myanmar military at the International Court of Justice (ICJ) and the International Criminal Court (ICC) are ongoing but the results remain to be seen.
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