I recently spoke about this very issue with a defense lawyer whose worked in special UN tribunals in Cambodia, Bosnia, and Sierra Leone along with other Human Rights and international human rights law professionals who are actively involved in monitoring and administering these and other tribunals. They all, unanimously, warned against tossing around terms like “crimes against humanity” when it comes to Burma (or anywhere else).
Of course, what’s being done is despicable, but the criminal negligence and paranoia on the part of General Shwe’s regime does not (as you even note) amount to commission of crimes against humanity. It is a crime of omission, not commission, and using the term where it is not applicable denigrates its effectiveness.
What’s happening in Burma is indeed criminal, but it does not amount to the specific definition of “crimes against humanity.”
