In the context of international law, it appears that atrocities in Burma has reached the threshold of crimes against humanity in the context of rape, sexual violence, and other inhumane acts against the women of Burma as crimes associated with a widespread or systematic practice.

The Burmese Army uses rape as a deliberate military tactic against these women, many of whom are ethnic minorities, to speed up the process of ‘ethnic cleansing’. Rapes are being committed in particularly sadistic ways to inflict maximum humiliation on victims, their families, and on the entire community. Many of these women are forced to become slaves to the Burmese Army, carrying heavy loads on daytime marches, and endure repeated rapes and often times, gang-rapes, during the night.

A victim of rape describes, “Every woman must confront the same problem. My ladies have been raped brutally by at least eight soldiers of the SLORC (the ruling junta) every night. Some women couldn’t continue to walk because of the hurtful raping and torture so they were shot and died. Those who were able to walk have to face the same thing every day and night until they’ve been raped to death.” She adds with poignant understatement: “These are abuses of ours human rights.”

Nearly all relevant bodies and experts in the United Nations have reported on widespread and systematic rape and sexual violence perpetrated by the military regime in Burma under a climate of impunity. These include:

• UN Secretary General Ban Ki-moon;
• UN Committee on the Elimination of All Forms of Discrimination against Women
• UN Special Rapporteurs on Human Rights in Burma
• UN General Assembly
• UN Commission on Human Rights (now Human Rights Council)
• UN Special Rapporteur on Violence against Women;
• UN Special Rapportuer on Torture and Other Cruel, Inhuman, or Degrading Treatment

The UN Torture Rapporteur has stated that “The [Burmese] authorities sanction violence against women and girls committed by military officers, including torture, inter alia, as a means of terrorizing and subjugating the population, particularly those in the Shan state.”

The Special Rapporteur on Human Rights in Burma has called the rapes “particularly alarming,” and indicated that he had received reports of “widespread and systematic” abuses — key language in establishing the existence of crimes against humanity.

Despite repeated and consistent verbal condemnations by UN officials and resolutions since 2002, the prevalent use of rape and sexual violence have continued with complete impunity in Burma.

The United Nations already has all the information it needs to include Burma in its quest to implement Security Council Resolution 1820 on ending sexual violence in armed conflict. The UN knows this is happening.  Now, the question is, will governments speak out and ask the Security Council to take action on Burma or continue to remain silent?