Topic:
Description:
''On 6 September 2018, an ICC Pre-Trial Chamber ruled that the Court could exercise jurisdiction over the alleged deportation (as a crime against humanity) of the Rohingyas from Myanmar into Bangladesh, since one element of the crime (crossing a border) took place in Bangladesh, which is a State party to the Rome Statute.
The Chamber noted that the same rationale could apply to other crimes within the jurisdiction of the Court “if it were established that at least an element of another crime … or part of such a crime is committed on the territory of a State Party,” citing persecution and other inhumane acts as possible examples in this case. The crime of genocide was not directly addressed.
The ruling did not address other crimes allegedly committed against the Rohingya, or crimes against other minorities elsewhere within Myanmar, including in Shan and Kachin States.
The proceeding is still at an early, pre-investigation, phase. If at the conclusion of a preliminary examination the Prosecutor assesses that there is a reasonable basis to proceed with an investigation, she must first seek authorization from the Pre-Trial Chamber...''
Source/publisher:
International Commission of Jurists (ICJ)
Date of Publication:
2018-09-13
Date of entry:
2019-01-31
Grouping:
- Individual Documents
Category:
Geographic coverage:
- Myanmar
Countries:
Myanmar
Language:
English
Format:
Size:
Resource Type:
text
Text quality:
- Good