Development Versus Justice: International Criminal Law and Investment in Myanmar

Abstract

Though many international and domestic actors have documented violations of human rights in Myanmar and pressured for ‘justice’, others have preferred a narrative of the violence that invites a development-oriented approach. This chapter draws on the ‘peace versus justice’ debate to consider the narrower tension between development and international criminal justice. Both concepts have been associated with fulfilling human rights and the provision of aid, including to support institutional reforms. While there are exceptions, the development and international criminal law paradigms have typically been portrayed as normatively aligned. This chapter analyses public statements concerning the violence in Myanmar and assesses their contribution to debates about the relationship between development and international criminal law. It identifies a ‘development and/versus international criminal justice’ conversation in relation to prosecuting international crimes alleged to have been perpetrated in Myanmar. Finally, it raises questions about the possible dangers and opportunities of emphasising development in opposition to international criminal justice for the future.