ExpertLegal
18 November 2019
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.