Transitional Justice in Myanmar
Nan Kham Mai, Yin Yin Win
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.
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
Course Details
Duration
17.10.2024 – 15.02.2024
Credits
3
Language
English
Supported by:
