The Rohingya Plight at the ICC
On 14 November 2019, Pre-Trial Chamber (PTC) III of the International Criminal Court (ICC) delivered its decision authorizing the Prosecutor to open an investigation for alleged crimes against humanity, such as deportation, acts of persecution and other inhumane acts, committed against Myanmar’s Rohingya population on or after 1 June 2010.
The Judges agreed with the ICC Prosecutor that there were no substantial reasons to believe that an investigation into the situation would not be in the interest of justice and highlighted the unanimous calls expressed by victims’ for an investigation into the situation. The Judges also stated that even though Myanmar is not a State Party to the Rome Statute, the ICC had jurisdiction over crimes that were partially committed on the territory of a State Party, such as, in this situation, Bangladesh. This decision comes after the ICC Prosecutor, Fatou Bensouda, requested on 4 July 2019 that the PTC III authorize an investigation into the deportation, acts of persecution and other inhumane acts committed against Myanmar’s Rohingya population.
As a non-State Party, Myanmar will likely not cooperate with the Court in matters such as the gathering of evidence, the protection of victims and witnesses or the execution of arrest warrants. Also, given the current situation, any effort by the ICC to provide justice to victims in Myanmar would not encompass all crimes allegedly committed against the Rohingya, but only those cross-border crimes allegedly committed, at least partially, in Bangladesh.
