The judges at the International Criminal Court have ruled that the court has jurisdiction over alleged deportations of Rohingya people from Myanmar to Bangladesh. But not everyone thinks it’s a good move by the court.
The decision by judges at the ICC that the court does have jurisdiction over the alleged crimes means that it’s now up to prosecutor Fatou Bensouda to decide whether she has enough evidence of the specific crime – deportation – to file charges in the case.
Myanmar is not a member of the court. But neighbouring Bangladesh is a member. Around 700,000 Rohingya fled from a military crackdown last year. A recent UN investigation says mass killings and gang rapes were carried out by the military. And it has called for prosecutions of 5 generals and the commander in chief.
Myanmar has denied committing atrocities, saying that it was cracking down on militants. In the international justice field law professors have queried some of the detail of the judges’ decision, but weren’t surprised by the substance, like Kevin Jon Heller of the University of Amsterdam.
As predicted, the PTC has upheld the #ICC’s jurisdiction over deportation of the #Rohingya from #Myanmar.
— Kevin Jon Heller (@kevinjonheller) September 6, 2018
And those academics who helped inform the court by providing legal insights and arguments were understandably pleased.
The ICC has jurisdiction over deportation of #Royingha from Myanmar to Bangladesh and possibly other crimes. Majority relies extensively on @CPIJ_PCJI Amicus brief. Very proud of colleagues. @amandaghahreman @MarkKersten @RobCurrieMusic and other partners! https://t.co/qDtZz7ZNRb
— Fannie Lafontaine (@flafontaine) September 6, 2018
Human rights organizations, especially those representing victims such as Paris-based FIDH were also delighted.
We have a yes! And a glimpse of hope!@IntlCrimCourt judges rule that the Court may exercise jurisdiction over the deportation of the #Rohingya from #Myanmar to #Bangladesh https://t.co/fQBotNpc6w
— Amal Nassar (@AmalNassar_) September 6, 2018
Mark Kersten, a fellow at the Munk School in Canada, thinks this decision is positive especially in showing how the world doesn’t necessarily need to rely on the United Nations Security Council to deliver justice.
Or not… today's news shows that justice and accountability in #Myanmar can be sought in creative and interesting ways, without relying on the ineptitude and dithering approach of the Security Council which has never delivered #ICC justice https://t.co/XqXYUuciL2 #RohingyaCrisis https://t.co/DrG6pemW35
— Mark Kersten (@MarkKersten) September 7, 2018
But Douglas Guilfoyle of Monash University in Australia sees a negative side to that argument.
Second, there is a distinct risk the rest of the UN system, and especially the Security Council, will now regard itself as politically off the hook. "We don't need to do anything, the ICC is acting." I hope to be proven wrong. (3/7)
— Douglas Guilfoyle (@djag2) September 7, 2018
And he worries that the ICC isn’t without its problems already.
Fourth, one would have thought an institution facing a crisis as to its legitimacy might learn to stop picking unnecessary fights, and raising expectations it is objectively unlikely to be able to fulfil. (6/7)
— Douglas Guilfoyle (@djag2) September 7, 2018
Dov Jacobs of Leiden University in the Netherlands also points out that this decision may set up big expectations.
“…the decision is bound to create unreasonable expectations on the part of victims in relation to the relief that the ICC can effectively bring as regards what is going on more generally in Myanmar, and over which, for the most part, the ICC will not have jurisdiction. Here, as often, the ICC and its defenders will be quick to challenge those who criticise them, without realising that they are setting themselves up to fail.”
But Fabio Rossi, who works for the ICC Prosecutor (although tweeting in a personal capacity) says despite many concerns, at least it marks a step forward:
Expectations victims, prospects arrests, etc. Sure. But let’s appreciate novel move & decision #ICC OTP & Chambers confirming jurisdiction over #RohingyaCrisis in 1st place, by way of diligently implementing mandate to work towards culture of accountability. #Myanmar #Bangladesh
— Fabio Rossi (@RossiF2018) September 6, 2018
Photo: Seyyed Mahmoud Hosseini/Tasnim News Agency (Flickr)
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