EL GENOCIDIO ROHINYÁ EN LA ERA DIGITAL: RESPONSABILIDADES Y RECURSOS DE LA JUSTICIA INTERNACIONAL DESDE UN ENFOQUE HUMANO E INCLUSIVO

Abstract

It is hard to believe that, after the progress that international justice has made since the second half of the XX century, impunity still exists in the XXI century in cases of genocide. The creation of numerous international institutions, conventions and instruments dedicated to human rights have turned out to be good mechanisms for law enforcement; also, this has helped the international community identify and name crimes, in order to address them. There are many jurisdictional and non-jurisdictional procedures and mechanisms in universal human rights systems, as well as in regional human rights systems; particularly, European, Inter-American and African systems. Paradoxically, however, international justice stood still, without being able to work effectively, particularly when the crimes have been carried out by a State. The emphasis on State sovereignty, as well as the power of some governments in developing countries, has allowed countries as Myanmar to commit outrageous crimes against its own people. Given that States join human rights instruments on a voluntary basis, abuse of power has taken place and international monitoring has not had real value on the prevention of serious crimes. By condemning the Rohingya ethnic minority to permanent statelessness, and without any reparation in mind, abuses against this population have increased, until reaching to one of the cruelest historical events of our century: genocide. On the other hand, the lack of corporate responsibility on disruptive behavior control of their social media, as well as the lack of an enforced legal framework, has created new online crimes and implications we are not aware of. These are crimes committed online (hate and dangerous speech against civil security), which have shown to be real life threats and crimes, as in the Rohingya massacre case. This massacre started, in part, via Facebook. The digitalization of the world has offered great freedom to many and has condemned others, increasing social and power differences in an abysmal way. The digital challenge has added threats that the international community and companies don’t know or have not been willing to avoid. 6 This study analyzes the resources of international justice in the investigation of these events, and joint responsibilities are established. Likewise, the limitations of the judicial power are established, analyzing the work of foreign courts in the fight against impunity. This work also suggests tools and instruments to make judicial action more effective, using paralegal compliance and whistleblowing systems. Impunity is supported by a lack of global awareness, cooperation and direct intervention, as well as perpetual and normalized discrimination, which entails incalculable suffering and damage for all humanity, in short and long term bases. Prosecuting those responsible is a priority, as is giving a voice to the victims and survivors of genocide, who often, after having suffered unimaginable abuses, are left on the sidelines, unable to intervene in redressing and achieving their own rights. Finally, this paperwork adds a short interview with a Rohingya refugee survivor in Bangladesh, who shows the world the current situation of his people through his digital photos.