Indonesia’s Constitutional Court is reviewing a petition that seeks to implement universal jurisdiction, enabling the country to prosecute Myanmar’s military for alleged human rights abuses following its 2021 coup. The petition aims to amend existing laws to hold foreign nationals accountable for serious international crimes. Activists believe this move could bolster regional human rights protections and align with Indonesia’s constitutional commitments.
Indonesia’s Constitutional Court is assessing a petition aimed at altering a human rights law, allowing the country to prosecute Myanmar’s military junta for alleged violations following their 2021 coup. If the court accepts the petition for universal jurisdiction, Indonesia could investigate and prosecute serious international crimes committed by foreign nationals outside its borders.
The court, led by Judge Wahiduddin Adams, delayed its session earlier in the week to review necessary amendments to the petition. The petitioners, which include prominent figures like former Attorney General Marzuki Darusman and Busyro Muqoddas from the Judicial Commission, await developments. They propose removing the clause in Article 5 of Indonesia’s Human Rights Tribunal Law that limits jurisdiction to Indonesian nationals.
Feri Amsari, the petitioners’ lawyer, expressed confidence in the proceedings, stating that universal jurisdiction aligns with Indonesia’s constitutional responsibility to promote global peace and justice. He emphasized that Indonesia must protect victims of systematic crimes against humanity, regardless of where these crimes occur, to demonstrate that there are no safe havens for human rights violators.
Amnesty International indicates that 147 countries had invoked universal jurisdiction by 2012, allowing cases like Argentina’s investigation into Myanmar’s military for alleged war crimes against Rohingya in 2017. The Indonesian petition is significant because Myanmar does not recognize the International Criminal Court, having not signed the Rome Statute.
Since Myanmar’s military coup in February 2021, activists report over 2,300 fatalities from military actions. Indonesia and other ASEAN nations have condemned Myanmar’s junta for not following an agreed five-point consensus aimed at ending violence and initiating constructive dialogue.
Activists support Indonesia’s petition for universal jurisdiction, viewing it as a means to help protect human rights across the region. Dinna Prapto Raharja noted its potential impact on abuses in Myanmar and other countries. Andreas Harsono from Human Rights Watch highlighted that such a ruling would serve as a warning for officials to respect human rights, marking Indonesia as a pioneer in Southeast Asia if successful.
The Indonesian Constitutional Court is deliberating a pivotal human rights petition that could establish universal jurisdiction for prosecuting foreign nationals for severe crimes, particularly regarding abuses committed by Myanmar’s military. Advocates believe this measure is crucial for protecting human rights regionally and aligns with Indonesia’s constitutional commitment to global justice. Should approval be granted, it would signify a significant shift in how human rights violations are addressed in Southeast Asia, potentially influencing global norms.
Original Source: www.benarnews.org
