The International Criminal Court (ICC) was set up by international agreement in 2002 to prosecute individuals accused of war crimes and crimes against humanity. It was intended to complement, not replace, national criminal systems, prosecuting only when states are unwilling or unable to do so.
At the time, some lauded it as the cornerstone of the emerging system of international justice, but not all countries were keen on the idea of an international war crimes court.
INDIA LEGAL
By Prakash Bhandari in Dhaka December 1, 2019
For the Rohingyas, the largely Muslim community living as stateless people in Myanmar for centuries and who have been facing rights abuses in their country of birth, there is hope yet. With the International Court of Justice (ICJ), the highest UN court and the International Criminal Court (ICC) approving a full investigation into Myanmar’s alleged crimes committed by the Myanmar military, the persecuted community now feels justice may not be long in coming.
The filing of cases against Myanmar and its leaders in The Hague and Argentina for their role in the Rohingya crisis will increase the pressure on Nay Pyi Taw. In the first of a two-part series, we explain how these cases emerged, what challenges they face and how Myanmar is likely to respond.
THE international push for accountability over alleged crimes committed against the Rohingya in Rakhine State – which potentially include genocide – has taken some important steps forward.
The International Criminal Court (ICC) on Thursday authorized an investigation into allegations that Myanmar has committed crimes against humanity in its treatment of the Rohingya Muslim minority.
Myanmar is outside of the ICC’s jurisdiction, which is limited to those states that are a party to the Rome Statute treaty. However, its neighbor Bangladesh is a party to the Rome Statute. At least one charge is believed to have occurred in Bangladesh, and therefore, the ICC is extending its jurisdiction to investigate other related allegations in Myanmar itself. Specifically, the ICC will investigate crimes that have occurred “within the context of two waves of violence in Rakhine State on the territory of the Republic of the Union of Myanmar, as well as any other crimes which are sufficiently linked to these events.”
The authorization of this investigation arises from a request made in July by ICC Prosecutor Faou Bensouda to formally open the investigation. Following her request, the ICC conducted an initial survey as to the potential validity and necessity of such an investigation.
