War Crimes Prosecutor Seeks Jurisdiction over Rohingya Deportations
ASIA-UPDATES ON MYANMAR ROHINGYA GENOCIDE, 16 Apr 2018
Reuters – TRANSCEND Media Service
![](https://www.transcend.org/tms/wp-content/uploads/2018/04/rohingya_genocide-burma-myanmar2-1024x683.jpg)
Rohingya refugees build shelter with bamboo at the Jamtoli camp in the morning in Cox’s Bazar, Bangladesh, January 22, 2018. REUTERS/Mohammad Ponir Hossain/File Photo
9 Apr 2018 – The prosecutor of the International Criminal Court (ICC) has asked it to rule on whether it has jurisdiction over the deportations of Rohingya people from Myanmar to Bangladesh, a possible crime against humanity, according to a filing published today.
A ruling affirming jurisdiction could pave the way for Prosecutor Fatou Bensouda to investigate the deportation of many thousands of Rohingya, though Myanmar is unlikely to cooperate.
“This is not an abstract question but a concrete one, affecting whether the Court may exercise jurisdiction … to investigate and, if necessary, prosec ute,” Bensouda said in the filing.
The main reason for doubt over jurisdiction is that, while Bangladesh is a member of the court, Myanmar is not.
Bensouda argued that, given the cross-border nature of the crime of deportation, a ruling in favor of ICC jurisdiction would be in line with established legal principles.
But she acknowledged uncertainty around the definition of the crime of deportation and limits of the court’s jurisdiction.
Her request is the first of its kind filed at the court. She asked the court to call a hearing to hear her arguments, as well as those of other interested parties.
The magistrate assigned to consider the request, Congolese judge Antoine Kesia-Mbe Mindua, will have considerable leeway in determining how to proceed.
According to the United Nations, some 700,000 mostly Muslim Rohingya fled their homes into Bangladesh after militant attacks in August last year triggered a military crackdown that the United Nations has said constitutes ethnic cleansing.
Buddhist-majority Myanmar rejects that charge, saying its forces have been waging a legitimate campaign against Rohingya who attacked government forces. Many in Myanmar regard the Rohingya as illegal immigrants from Bangladesh.
___________________________________________
Reporting by Toby Sterling; Editing by Kevin Liffey
DISCLAIMER: The statements, views and opinions expressed in pieces republished here are solely those of the authors and do not necessarily represent those of TMS. In accordance with title 17 U.S.C. section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. TMS has no affiliation whatsoever with the originator of this article nor is TMS endorsed or sponsored by the originator. “GO TO ORIGINAL” links are provided as a convenience to our readers and allow for verification of authenticity. However, as originating pages are often updated by their originating host sites, the versions posted may not match the versions our readers view when clicking the “GO TO ORIGINAL” links. This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
Read more
Click here to go to the current weekly digest or pick another article:
ASIA-UPDATES ON MYANMAR ROHINGYA GENOCIDE: