1. Basis and Implications of the ICC's Ruling Against Myanmar
- Author:
- Tanushree Nigam
- Publication Date:
- 12-2019
- Content Type:
- Working Paper
- Institution:
- Public International Law Policy Group
- Abstract:
- n a major decision, the International Criminal Court ruled on September 6, 2018 that the Court may exercise jurisdiction over the crime of alleged deportation of the Rohingyas from Myanmar to Bangladesh. The Pre-Trial Chamber accepted the OTP’s argument that the Court may exercise jurisdiction over the crime of cross border deportation of Rohingyas even though the alleged crime had been committed in Myanmar which is not a State Party. The Pre-Trial Chamber stated that this could be done as some “elements of the crime” had taken place in the territory of Bangladesh, which is a State Party. This judgment makes a towering statement that ICC’s jurisdiction is objective rather than subjective in nature. In this post, I discuss the basis and implications of the Chamber’s findings.
- Topic:
- Legal Theory, International Criminal Court (ICC), Humanitarian Crisis, and Deportation
- Political Geography:
- Africa, Asia, South Korea, North Korea, and Myanmar