Symposium Introductory Blog
Accountability for core international crimes in the ASEAN region: diversity in recent developments
A collaboration between CIL Dialogues and AsianSIL Voices
by Dr Cheah W.L., National University of Singapore
Published on 5 April 2023
“Map of Southeast Asia” by Cacahuate; amendments by Globe-trotter and Texugo. This file is licensed under the Creative Commons Attribution-Share Alike 4.0 International, 3.0 Unported, 2.5 Generic, 2.0 Generic and 1.0 Generic license.
While most ASEAN states are not parties to the Rome Statute, this fact should not distract from the region’s growing engagement with accountability for core international crimes at the domestic, regional, or international level. This trend reflects broader regional developments, such as ASEAN’s affirmation of its commitment to a rule-based international order. While ASEAN states continue to place much importance on principles of sovereignty and territorial integrity, the state and non-state actors in the region increasingly affirm and participate in accountability efforts for core international crimes. For example, ASEAN states have participated in discussions about the importance of universal jurisdiction over core international crimes in the UN General Assembly’s Sixth Committee. This symposium draws attention to the many accountability endeavors in the region. It highlights the diversity and energy in efforts undertaken by ASEAN peoples, civil society, and survivors in the pursuit of accountability for core international crimes and serious human rights violations.
This symposium’s contributions highlight the need for more attention to be paid the work of civil society actors and victim-led initiatives in the region. Priya Pillai and Chris Gunness’ contributions highlight how accountability may be, and is, being pursued through universal jurisdiction efforts in the region. They draw attention to the strategic potential of such efforts as well as the challenges encountered. Homegrown lawyers and activists are working with international civil society actors to defend and strengthen accountability mechanisms while seeking to ensure that perpetrators of core international crimes are denied safe haven and will eventually face justice. Even when cases brought by civil society actors before domestic courts do not result in the victory sought, these efforts can contribute to the pursuit of accountability in indirect ways. The contribution of Priya Gopalan and Lily Alexander Kather discusses the recent CEDAW Committee’s decision, issued on International Women’s Day, which found against the Philippines in favor of the claims of Filipina Malaya Lolas, survivors of sexual slavery committed by the Japanese military during WWII. The intervention of Romel Bagares discusses the Philippines Supreme Court’s Pangilinan v. Cayetano decision, drawing attention to the obiter dicta’s potential for accountability efforts despite its disappointing ratio. Justice for such crimes may not come quickly, but the persistence and creativity of survivors and their supporters do bring results. The importance of civil society efforts in the region is also highlighted in the final contribution by Andre Kwok, which discusses the outreach efforts undertaken by the ECCC residual mechanism and civil society actors in Cambodia.
Cheah W.L. is Associate Professor of NUS Law.
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