Bangla Tribune
Sheikh Shahariar Zaman
Jul 13, 2019
A delegation of the International Criminal Court is due in Dhaka this week to open talks with Bangladesh on signing an agreement as a prerequisite to open a full investigation into alleged crimes against the Rohingyas who were driven from Myanmar to Bangladesh.
The ICC team led by one of its deputy prosecutors is expected to arrive in Dhaka on Tuesday (Jul 16), an official told Bangla Tribune.
“It’s a prerequisite before opening a probe,” the official said before adding that these agreements usually outline details like diplomatic immunity to investigators, clearance for conducting a probe etc.
The official, who asked not to be named, said; “The ICC may have some other requirements which will be discussed.”
For instance, the ICC may seek witness protection, said the official before adding: “But there’s no such provision in our laws. In that case, the issue needs to be discussed.”
Earlier in March, an ICC team led by its Chief Prosecutor Fatou Bensouda travelled to Bangladesh and visited the Rohingya camps for a “preliminary investigation”.
The ICC team, which is expected to arrive later this week, will hold a meeting with the ministries of law, home and foreign affairs as well as several other government agencies, according to a government official who asked not to be named.
“Bangladesh is ready to cooperate with them in every way,” said the official.
The visit follows after ICC Chief Prosecutor Bensouda said in a statement on Jun 26 that she would ask judges for permission to investigate crimes that had "at least one element" in Bangladesh, which is a member of the ICC.
She added that her investigation would cover crimes that also took place "within the context of two waves of violence in Rakhine State on the territory of" Myanmar.
The war crimes court said in a separate statement it had assigned a three-judge panel to hear Bensouda's request.
If granted, the ICC would become the first international court to look into alleged atrocities against the Rohingya Muslim minority of Myanmar.
Although Myanmar is not a member of the court, the ICC in September determined it has jurisdiction over some crimes in the region when they had a cross-border nature, given that Bangladesh is a member.
"The Court has jurisdiction over the crime against humanity of deportation allegedly committed against members of the Rohingya people," it said in a September 2018 ruling. "The reason is that an element of this crime - the crossing of a border - took place on the territory of a State party (Bangladesh)."
The following day, Myanmar's government said it rejected the court's jurisdiction.
An independent UN fact-finding mission in August concluded that Myanmar's military carried out mass killings and gang rapes of Muslim Rohingya.
With 122 members, the UN-backed ICC is a court of last resort, only stepping in when member countries are found to be unwilling or unable to prosecute war crimes on their territory -- or when a case is referred to it by the Security Council.
That occurs only rarely as the United States, Russia and China are not ICC members, and can use their veto powers to prevent a referral, as Russia has done with Syria.
Link :http://en.banglatribune.com/national/news/59965/Crimes-against-Rohingyas-ICC-seeks-to-sign?fbclid=IwAR01_lNgpocakQCjG3Y4b3n4n9-vzclV0H4CiacaBRiDnYb_nErkaqpGjsw
Rohingya refugee children play at the Palongkhali refugee camp near Cox`s Bazar, Bangladesh
December 22, 2017. REUTERS/File Photo
A delegation of the International Criminal Court is due in Dhaka this week to open talks with Bangladesh on signing an agreement as a prerequisite to open a full investigation into alleged crimes against the Rohingyas who were driven from Myanmar to Bangladesh.
The ICC team led by one of its deputy prosecutors is expected to arrive in Dhaka on Tuesday (Jul 16), an official told Bangla Tribune.
“It’s a prerequisite before opening a probe,” the official said before adding that these agreements usually outline details like diplomatic immunity to investigators, clearance for conducting a probe etc.
The official, who asked not to be named, said; “The ICC may have some other requirements which will be discussed.”
For instance, the ICC may seek witness protection, said the official before adding: “But there’s no such provision in our laws. In that case, the issue needs to be discussed.”
Earlier in March, an ICC team led by its Chief Prosecutor Fatou Bensouda travelled to Bangladesh and visited the Rohingya camps for a “preliminary investigation”.
The ICC team, which is expected to arrive later this week, will hold a meeting with the ministries of law, home and foreign affairs as well as several other government agencies, according to a government official who asked not to be named.
“Bangladesh is ready to cooperate with them in every way,” said the official.
The visit follows after ICC Chief Prosecutor Bensouda said in a statement on Jun 26 that she would ask judges for permission to investigate crimes that had "at least one element" in Bangladesh, which is a member of the ICC.
She added that her investigation would cover crimes that also took place "within the context of two waves of violence in Rakhine State on the territory of" Myanmar.
The war crimes court said in a separate statement it had assigned a three-judge panel to hear Bensouda's request.
If granted, the ICC would become the first international court to look into alleged atrocities against the Rohingya Muslim minority of Myanmar.
A house is seen on fire in Gawduthar village, Maungdaw township, in the north of Rakhine state, Myanmar. REUTERS FILE PHOTO
Although Myanmar is not a member of the court, the ICC in September determined it has jurisdiction over some crimes in the region when they had a cross-border nature, given that Bangladesh is a member.
"The Court has jurisdiction over the crime against humanity of deportation allegedly committed against members of the Rohingya people," it said in a September 2018 ruling. "The reason is that an element of this crime - the crossing of a border - took place on the territory of a State party (Bangladesh)."
The following day, Myanmar's government said it rejected the court's jurisdiction.
An independent UN fact-finding mission in August concluded that Myanmar's military carried out mass killings and gang rapes of Muslim Rohingya.
With 122 members, the UN-backed ICC is a court of last resort, only stepping in when member countries are found to be unwilling or unable to prosecute war crimes on their territory -- or when a case is referred to it by the Security Council.
That occurs only rarely as the United States, Russia and China are not ICC members, and can use their veto powers to prevent a referral, as Russia has done with Syria.
Link :http://en.banglatribune.com/national/news/59965/Crimes-against-Rohingyas-ICC-seeks-to-sign?fbclid=IwAR01_lNgpocakQCjG3Y4b3n4n9-vzclV0H4CiacaBRiDnYb_nErkaqpGjsw
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