Former United Nations Special Rapporteur on Myanmar Paulo Sergio Pinheiro takes to the pages of the New York Times to urge the Security Council to act on Myanmar:
The Security Council must establish a commission of inquiry into crimes against humanity and impunity in Myanmar. The Security Council took similar steps with regard to Rwanda, Bosnia and Darfur. The situation in Myanmar is equally as critical.
Creating a commission of inquiry will accomplish three important goals:
First, it will make the junta accountable for its crimes with a potential indictment by the International Criminal Court. Second, it will address the widespread culture of impunity in Burma. Third, it has the potential to deter future crimes against humanity in Myanmar.
No objection here. Though for the Council to act requires that the key members of the council (namely, the Chinese) at least not veto such action.
Also, there is precedent for a causative relationship between a Security Council mandated Commission of Inquiry and eventual indictment by the International Criminal Court. In 2005, a Security Council mandated Commission of Inquiry on suspected crimes in Darfur presented its findings to the Security Council. Three months later, the Council (with China and the United States abstaining) gave the International Criminal Court the jurisdiction to investigate crimes in Darfur. Four years later, the ICC indicted the Sudanese president.
Theoretically, this pattern for dealing with recalcitrant human rights abusing regimes can be repeated. And why not? General Than Shwe seems like a decent enough candidate for indictment.