‘Just War’ in Myanmar

Hello friends.

This week’s blog looks at the relevance of International Humanitarian law in Burma.

My basic argument: The war in Myanmar is a case of good versus evil - or at least of war criminals versus freedom fighters.

Since seizing power in February 2021, the military junta has committed systematic and widespread human rights abuses, including air-strikes and other massacres of civilians. Against this injustice, anti-junta forces are struggling for human rights, self-determination and democracy. Their cause - which receives very little international support - is just, and is mostly fought in compliance with International Humanitarian Law (IHL).

Just War theory and IHL contain two (in principle, separate) ‘regimes of law’: jus ad bellum (just cause of war) and jus in bello (just conduct of conflict). Anti-junta forces in Myanmar have justice on their side, both in terms of the cause of war (jus ad bellum), and the conduct of hostilities (jus in bello). While diverse anti-junta forces endeavor (mostly successfully) to fight in accordance with basic principles of humanity, ethics and religion, the State Security and Peace Commission (SSPC) demonstrates a pattern of deliberate targeting of civilians, in contravention of international law.

Just cause of conflict

The Charter of the United Nations regulates whether a state may lawfully resort to armed force against another state (jus ad bellum). The Charter prohibits such use of force with two exceptions: cases of self-defence against an armed attack, and when the use of armed force is authorized by the UN Security Council.

It can be argued that Ethnic Armed Organisations, and related state–based bodies, constitute autonomous and legitimate political authorities - de facto (if not de jure) states. These groups are fighting anti-colonial wars of defense against an invasive, alien, violent and predatory militarized state. Myanmar is an as-yet unresolved case of post–colonial conflict, caused by an unjust transfer of power by the British colonial regime to the then Burmese independence movement.

The junta frames conflict around the Myanmar Army’s historic self-appointed role, defending and holding together a militarised, centralised and intrinsically Bama majority-dominated nation, through a combination of repression, violence and criminality, and military occupation of ethnic homelands. This has been a moderately successful strategy - but an illegitimate political project and racist, assimilationist fascist ideology, with roots in the colonial era, and the Burma Independence Army’s origins in the Japanese Imperial Army.

Crucially however in Myanmar, the ‘government’ does not have a monopoly on use of force, and in fact presently controls less than half of the country’s territory. Long-standing Ethnic Resistance Organisations, and Peoples Defence Forces established by a new generation of insurgents since the coup, control about a third of the country. They are deeply opposed to rigged elections planned for later in the year by the junta, and are broadly committed to the values and practice of human rights, self-determination and democracy. These are just and admirable war aims, which enjoy widespread support across different ethnic and other stakeholder groups. Anti-junta forces can justifiably be said to defend Myanmar from the SSPC, while Ethnic Resistance Organisations are defending their ethno-linguistic communities and homelands from violent attack and invasion by the militarised state.

Diverse anti-junta forces, many of which only took up arms after the military stole power in the February 2021 coup, aim to establish federalism as a democratic political framework; they are fighting for human rights in Myanmar. The common anti-junta war aim is to achieve peace through justice.

Just conduct in conflict

Based on the principle of humanity, and recognition of the unique value of every person, IHL seeks to protect civilians and other non-combatants (e.g. prisoners of war), by limiting the extent and impacts of hostilities on civilians and non-combatants. This ‘law of war’ is based on a number of treaties, in particular the Geneva Conventions (I-IV) of 1949, and Additional Protocols of 1977 (APs I and II) and 2005 (AP III). Usually applied to interstate conflicts, the Geneva Conventions can also be applied to internal conflicts or civil wars, through Common Article III which addresses military conflict within a state and which explicitly seeks to prohibit violence towards non-combatants.

The Myanmar Army and its proxies commit well-documented, widespread and systematic violations of IHL, including regular massacres (often but not only through air-strikes on civilians), rape and murder, destruction of schools, hospitals and religious structures and civilian housing, extortion and looting, and environmental crimes. In a recent egregious example, on 6 October the military launched explosive-laden para-gliders against a civilian Buddhist festival in Sagaing killing at least 30 people. The junta’s disproportionate use of force, and targeting of civilians constitute prima facie war crimes.

It must be acknowledged that anti–junta forces sometimes violate IHL, including perpetrating rape and murder. However, such incidents are much less prevalent than in junta-controlled areas, and show no signs of being systematic. Indeed, while SSPC violations are characterised by strategic intent and impunity, Ethnic Resistance Organisations, People’s Defence Forces and the National Unity Government are making significant efforts to hold perpetrators to account in terms of domestic and international law, norms and standards.

Anti-junta forces do more than just protecting civilian communities. A handful of Ethnic Resistance Organisations and emergent state-based bodies also provide governance and services to some of the most vulnerable populations in Southeast Asia, including local language education for more than a million marginalised ethnic nationality children in the war zones. As International aid agencies have little or access to the conflict zones of Myanmar, local armed and civil society actors are the only ones on the ground helping communities traumatised by repeated attacks and forced displacement. These local initiatives demonstrate deep compassion and solidarity with the victims of injustice and violence.

International humanitarian agencies have over the past several decades developed a set of principles for humanitarian action. Discussion of the ‘humanitarian imperative’, and Principles of impartiality, neutrality, independence, voluntary service, unity and independence are beyond the scope of this brief essay. Among these operational principles of the International Red Cross movement, neutrality is often contested - particularly in situations where there is clear justice or injustice on one side of a conflict. In such contexts, positions of ‘humanitarian solidarity’ – or even Humanitarian Resistance - may be more appropriate. Indeed, In the context of Myanmar’s intersectional Spring Revolution, resistance to the military is deeply connected to the struggles of resilient communities and long-standing ethnic nations.

The humanitarian imperative demands basic aid for the victims of armed conflict in Myanmar – who can only be reached in partnership with anti junta-forces and related civil society actors. Furthermore, Myanmar represents a rare opportunity to ‘do the right thing’, with useful geopolitical benefits: in supporting the struggle for human rights, self-determination and democracy in Burma, well-wishes can balance against the influences of China and Russia, which have rushed in to fill the gap left by the withdrawal of US support in 2025.

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