Published on 12:00 AM, April 26, 2018

US team probing Rohingya atrocities

Findings could be used to prosecute Myanmar's military for crimes against humanity: officials

The US government is conducting an intensive examination of alleged atrocities against Myanmar's Rohingya Muslims, documenting accusations of murder, rape, beatings and other possible offenses in an investigation that could be used to prosecute Myanmar's military for crimes against humanity, US officials told Reuters.

The undertaking, led by the State Department, has involved more than a thousand interviews of Rohingya men and women in refugee camps in neighbouring Bangladesh, where almost 700,000 Rohingya have fled after a military crackdown last year in Myanmar's northwestern Rakhine State, two US officials said.

The work is modelled on a US forensic investigation of mass atrocities in Sudan's Darfur region in 2004, which led to a US declaration of genocide that culminated in economic sanctions against the Sudanese government.

The interviews were conducted in March and April by about 20 investigators with backgrounds in international law and criminal justice, including some who worked on tribunals for Rwanda and the former Yugoslavia, the US officials said.

The information will be analysed in Washington and documented in a report to be sent to the State Department's leadership in May or early June, the officials said. It's unclear whether the Trump administration will publicly release the findings, or whether they will be used to justify new sanctions on the Myanmar government or a recommendation for international prosecution.

"The purpose of this investigation is to contribute to justice processes, including community awareness raising, international advocacy efforts, and community-based reconciliation efforts, as well as possible investigations, truth-seeking efforts, or other efforts for justice and accountability," said a document used by the investigators in the sprawling refugee camps and reviewed by Reuters.

Three US officials in Washington and several people involved in the investigation on the ground in Bangladesh disclosed details of the fact-finding operation to Reuters.

A State Department official, asked to confirm the specifics of the investigation conducted in the refugee camps as reported by Reuters, said "the program details are accurate." The official, speaking on condition of anonymity, said the US government was using all available information and a wide range of tools, but added: "We cannot get ahead of the deliberative, policymaking process."

As of publication, the Myanmar government and military had not responded to questions from Reuters. Myanmar has said its operations in Rakhine were a legitimate response to attacks on security forces by Rohingya insurgents.

The interviewers in the camps asked the refugees basic demographic questions, the date the person left Myanmar, and to recount their experiences during the wave of violence unleashed against the Rohingya in Rakhine State by the Myanmar military and local Buddhist residents.

The investigators also asked refugees to describe the battalions and weaponry used by the Myanmar military in Rakhine State during operations against the Rohingya, said one person involved with the investigation in the camps, which are located in the Cox's Bazar district in southern Bangladesh. The investigators have received names of individual perpetrators and the identities of specific battalions allegedly involved, this person said.

A second person involved in the project on the ground said 1,025 refugees have been interviewed and the assignment may include a second phase focused on military units.

Zohra Khatun, 35, a Rohingya refugee in the camps, said she told investigators that soldiers waged a campaign of violence and harassment in her village in Rakhine State starting last August. They made arrests and shot several people, driving her and others to flee, she said.

The investigation coincides with a debate inside the US government and on Capitol Hill over whether the Trump administration has done enough to hold Myanmar's military to account for brutal violence against the largely stateless Rohingya.

In November, following the lead of the United Nations and the European Union, then-Secretary of State Rex Tillerson declared that the Rohingya crisis constituted "ethnic cleansing," a designation that raised the possibility of additional sanctions against Myanmar's military commanders and increased pressure on its civilian leader, Nobel peace laureate Aung San Suu Kyi. The Myanmar government has denied the accusations.

The United States responded in December by imposing targeted sanctions on one Myanmar general and threatening to penalise others. Washington has also scaled back already-limited military ties with Myanmar since the Rohingya crisis began. Human rights groups and Democratic lawmakers in Washington have urged the Republican White House to widen sanctions and designate the violence as "crimes against humanity," a legal term that can set the stage for charges at the International Criminal Court in The Hague.

So far, there has been resistance by lawyers in the White House and State Department to adopt the terms "crimes against humanity" or "genocide" in describing deaths of Rohingya in Myanmar, the US officials said.

The State Department itself has been divided over how to characterise or interpret the violence against the Rohingya, the officials said.

Diplomats in Yangon have also been reluctant to jeopardize Washington's relationship with Suu Kyi, a democratic icon who has faced criticism for failing to do more to rein in the violence against the Rohingya. Some senior US officials still believe Suu Kyi remains the best hope for a more democratic Myanmar, one official said. "They are reluctant to upset that relationship."