Episode #545: The promise of justice for war crimes in Myanmar is far from perfect, says Dr. Stuart Casey-Maslen, a leading legal expert on disarmament and international humanitarian law. The military regime’s alleged war crimes continue unchecked, with airstrikes against civilian targets, the destruction of homes, schools, and places of worship, and indiscriminate use of landmines exacting a cruel toll. On a different scale, some resistance armed groups have also been accused of war crimes.

“Justice can, and sometimes does, catch up with you even many years afterwards,” says Casey-Maslen, who is editor of the Mine Action Review and has written extensively on international law related to landmines. “If a member of the Tatmadaw, or a senior official in the Myanmar government, travels in years to come to one of many countries that have legislation for war crimes or crimes against humanity… that can also be a prosecution of the use of an anti-personnel mine.”

Anti-personnel landmines fall into a distinct class of “victim-activated” weapons, which are designed to be detonated by the victim. The deliberate delay between the deployment and detonation also distinguishes landmines from weapons such as firearms or artillery, in which a specific target is chosen and impact is relatively immediate. This delay makes accountability much more difficult, including identifying who laid the mine.

Prosecutions for crimes committed in Myanmar face considerable challenges, but the facts of the case remain. “The use by the Tatmadaw and by certain rebel groups, but particularly the use by the Myanmar military, has been indiscriminate,” Casey-Maslen says. “They have committed war crimes through their use of anti-personnel mines. In certain instances, they have forced people to walk through minefields. That is a war crime. That kind of conduct is beyond any rule of IHL, and hopefully one day those who are responsible will be brought to account.”