Overview
The course, that we organize with the New University in Exile Consortium, is distinct in its singular focus on the enduring conflict in Myanmar and the challenges and endeavors to secure justice for the victims from the transitional period (i.e., the partial civilian government during 2011-2021) to post-coup Myanmar (Feb 2021- present). It provides a comprehensive grasp of transitional justice and its implementation, with a specific spotlight on the prosecution process and a case study of Myanmar. This course is crafted to give participants the knowledge and skills to navigate the intricate terrain of transitional justice in Myanmar despite the legal and political hurdles.
The course is structured to inspire hope as it delves into the nature and causes of conflict in Myanmar and its local and global impacts. It offers a practical approach to understanding the concept of TJ and how it can potentially resolve the deep-rooted issues in Myanmar. By drawing lessons from the successes and failures of TJ implementation in various countries, we aim to provide you with the tools to explore practical solutions for a more promising future for post-conflict Myanmar.
The course is designed to be highly interactive, with sessions led by both instructors in a virtual classroom environment. Participants are strongly encouraged to come prepared by studying the assigned materials before each seminar. Active participation in the exercises during the session is not just expected but also a vital part of the learning process.
Learning Outcomes
Objectives:
- To explain the concept of transitional justice and its implementation processes
- To investigate the transitional justice system through case studies
- To provide a general understanding of the underlying causes of prolonged conflict in Myanmar and its impacts
- To discuss the issues of human rights violations during conflicts and the efforts of seeking justice through the international justice system
- To provide students with a thought/idea on how to find possible solutions for post conflicts country like Myanmar
Outcomes:
Upon the completion of the course, students will be able to
- understand the concept of transitional justice and its implementing processes;
- analyze the pros and cons of the transitional justice system;
- investigate the underlying causes of the conflict in the Myanmar political context;
- relate the concept of transitional justice and the human rights issues and conflicts;
- assess whether the Transitional justice system can be used as the best way to seek justice in the Myanmar context;
- propose a possible solution for post-conflict Myanmar
Course Outline
Week 1 – Introduction to the Concept of Transitional Justice
- Meaning and Nature of Transactional Justice
- Legal Principles of Transitional Justice
- International Practices
Week 2 – Background of Conflict in Myanmar
- Nature of Conflict: Civil and Ethnic Conflicts
- Political Transitions and the Coup
- Human Rights violations Issues
Week 3 – Legal Framework: Myanmar Legal Framework for Transitional Justice: Past, Present, and Future
- Overview of Myanmar’s formal legal system.
- Key statutes, regulations, and court procedures.
- Challenges: Judicial independence, Human resources, mechanisms, and public participation
Week 4 – Legal Framework: International Legal Framework for Transitional Justice
- International Humanitarian Law
- International Human Rights Law
- International Criminal Law
Week 5 – Challenges in Navigating Justice – I
- Uncertainty of Power Sharing between States Entities in the post-conflict
- Reluctant of States and self-administered States
- Peace Process
Week 6 – Challenges in Navigating Justice – II
- Judicial Reform Towards Judicial Independence
- Rule of Law and Law Reform, Legal mechanisms,
- Constraint of Human resources and the capacity of Judges and lawyers
- Public opinion and their participation
Week 7 – Challenges in Navigating Justice – III
- Human Rights Concerns
- Constraints Resources of Legal Aids Services
- Lessons learned from the past and Possible Solutions for TJ
Week 8 – Strategy I: Seek Justice through the International Justice System (1)
Gambia v. Myanmar case study before the ICJ
Week 9 – Strategy I: Seek Justice through the International Justice System (2)
Bangladesh v. Myanmar case study before the ICC
Week 10 – Strategy II: Seek Justice through Universal Jurisdiction
- Argentina Court (the court accept the complaint)
- Germany Court (the court refused to accept the complaint)
- The Philippine’s Court (October 25, 2023)
Week 11 – Strategy III: Seek Justice through a Hybrid Court/ National Jurisdiction
- Cambodia case study
- Lesson Learned from the Case
Week 12 – Lesson Learned from the Success TJ
- Germany / Philippines cases study
- Lesson Learned from the case study
- Discuss the strategies of the TJ process that led to successful TJ
Week 13 – Lesson Learned from the Failed TJ
- Case study on Transitional justice in Nepal and South Sudan
- Discuss the challenges of the TJ process that led to unsuccessful TJ
Week 14 – Participants’ Engagement in the Seminar
- Participants’ presentation about the “proposed solution for post-conflict Myanmar’s Transitional Justice.”
- Any topic relating to this seminar
Instructors
Nan Kham Mai
Dr. Nan Kham Mai was a Professor in the Department of Law at the University of Mandalay, Myanmar. She has more than 15 years of teaching experience in the Department of Law at various universities in Myanmar. Her research interests span International Sales Law, International Investment Law, and Business and Human Rights Law. Her research papers have been published in various journals in Myanmar and regional academic research journals. She is also a co-author of the Rule of Law Handbook for Civil Society Organizations published by the Konrad-Adenauer-Stiftung (KAS). Currently, Dr. Nan Kham Mai works as a freelance researcher in human rights research, a trainer of research methodology and research writing, and a mentor in human rights and legal research.
Yin Yin Win
Yin Yin Win was a Professor of Law at the University of Yangon, Myanmar and she served as a civil service, educator, and legal advisor for more than 20 years in Myanmar. She applied for refugee status to the United States and arrived in New York City in July 2021. Brooklyn Law School supported her to be a visiting scholar in Brooklyn Law School for 2021-2022 academic year. Then, she moved to Notre Dame as she received a scholarship from Notre Dame Law School in 2022. She achieved Ph.D. from University of Yangon, Myanmar, Master of Laws from Niigata University, Japan, and Master of International Human Rights Law from Notre Dame Law School, United States. She has engaged in the community teaching and community development programs for the environmental conservation and women rights in Myanmar. She was elected as a member of the executive board of Asian Society of International (AsianSIL) from 2019-2023. She is currently an associate research scholar with the MacMillan Center, Yale University, sponsored jointly by the Council on Southeast Asian Studies and the Institute of International Education (IIE). She was selected as a WG-USA Fellow in 2023. She keeps her interest on the research works to protect women rights and IP rights, and to conserve the natural environment in Myanmar.
Certification
This course is hosted by Humboldt-Universität zu Berlin and certified with 3 ECTS upon successful completion.
Please check the course requirements from the course syllabus and inform your instructor(s) about your request to receive a certificate for this course.
You will find the full syllabus on Moodle course page.
At the end of the semester, the instructors will inform the learning designer about your request and grade. The certificate will be prepared with the university secretariat and it may take up to 8 weeks.
Registration
Our courses are held on a digital learning platform, Moodle. Before you create your account on Moodle, we have some notes for your and others’ digital security.
- When you register, you can use a nickname. Nicknames with offensive, racist or sexist undertones will not be accepted.
- Communication outside of the platform is not private. It is a solidarity action with people who would like to stay anonymous for different reasons. Please use our secure platform to communicate with others and respect their choices of communication channels.
- We aim to create an inclusive learning environment with our participants and educate ourselves in a more inclusive language. Be eager and tolerant to learn from each other and challenge any discriminating language. You can have a look at it here.
Creating a new account and registering to a course on Moodle
1. The link will take you to the Off University Moodle homepage.
2. Click the “Log in” button on the top right side of the page.
If you have an account on Off University Moodle, please login and continue from step 7 below.
3. Scroll down to see “Create new account” and click the button.
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You can use false information to protect your identity and increase your safety. You can enter a nickname, a false email address that resembles the format, such as name@example.org etc. Please note down your user name and password in a safe place.
5. Once you created your account, please wait until the next working day to continue.
Your account needs activation which will be done by Off University. We will need some time to activate your account. This can take up to 24 hours on weekdays and longer on weekends.
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7. You can now discover the course page. The first item on the page, General, contains the syllabus and the announcements. Please follow these announcements to stay up to date about your course.
