Myanmar attack survivor tests new Danish war crimes law

Legal aid groups say Denmark’s support for international law creates a solid platform for those seeking justice from the ruling military junta in Myanmar.(CN) — A woman from Myanmar who sought refuge in Denmark after a military junta burned 40 houses in her village became the first person to submit a criminal complaint Monday under new Danish legislation on international prosecution.The international law in Denmark went into effect last year, allowing prosecution of war crimes, crimes against humanity and genocide regardless of where they happened.“With the new Danish law, it no longer matters where the crimes took place or which nationality the perpetrators and the victims have. People living in Denmark can request the Danish authorities to investigate and pursue cases against the commanders who bear the responsibility for the attacks they’ve gone through,” said Eddie Omar Rosenberg Khawaja, the woman’s Copenhagen-based lawyer.The woman says she lost family members and friends in the junta’s attacks in her part of Chin State, in the Southeast Asian nation’s northwest, forcing her to flee to neighboring India along with thousands of others.She arrived in Denmark three years ago and is suing anonymously for fear of being targeted by the junta, which seized control in a 2021 coup that ousted a democratically elected government and placed its shadow leader, Nobel Peace Prize winner Aung San Suu Kyi, under house arrest.The woman accuses members of the current Myanmar junta of being behind the attacks in her village, including President Min Aung Hlaing. He took office after what observers call a sham election.Christian-majority Chin State is one of many areas in the former Burma where local rebel groups are waging civil war against the junta-led government. The United Nations estimates more than 4 million people are internally displaced.In 2023, Denmark joined a string of Western countries in the ongoing case The Gambia v. Myanmar, which aims to prosecute Myanmar for breaching the U.N.’s genocide convention over its actions against its Rohingya minority.The Nordic nation also plans to close its embassy in Myanmar by the end of the year; politicians have routinely voiced support by for Myanmar’s citizens.Taken together, there is a solid foundation to try the case in Denmark, said Christopher Gunness. He is the director of the Myanmar Accountability Project, which supports the woman.“We hope the police in Denmark will accept our file. That they’ll give us a case number and start investigating whether they can act under this jurisdiction and whether there is actually a case. We’re providing a lot of evidence, and as the police always do when people present evidence to them, they have to investigate. That’s what we hope will happen. Our lawyers believe that the new legislation opens up a legal route, and we pray that there will be accountability,” Gunness said in a video interview.But for Gunness, no matter the result, the mere presentation of Monday’s case is significant.“In a way, it doesn’t matter what the legal outcome is. It’s really important first and foremost to put the victims, survivors, front and center and allow them to speak their truths. At every stage, at every legal milestone in our cases, we raise the roof and we give the microphone to the complainants, and we say, here, you speak to the world. That is really important," he said.“I think it sends a signal to the world that the people of Myanmar have humanity and dignity that has to be respected. These are human beings who have every right to justice,” Gunness added.The U.N. concluded in a May report the Myanmar military continues to perpetrate violence across the country.“After more than five years of widespread and systematic military violations, the human rights crisis in Myanmar has continued to inflict death, destruction, suffering, fear and despair on the civilian population,” officials wrote.Courthouse News correspondent Lasse Sørensen is based in Copenhagen, Denmark.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads