The International Criminal Court as a Veritable Tool for the Protection of the Rights of Ethnic Minorities: Examining The ICC's Decisions Regarding the People of Rohingya (original) (raw)

Jurisdiction of International Court of Justice (ICJ) Over the Genocide Violations: with Special References to Rohingya Case

Fiat Justisia: Jurnal Ilmu Hukum

In 2019, Gambia, a small country which located in West Africa, is suing Myanmar to the International Court of Justice (ICJ) with alleging that Myanmar has violated the Convention on the Prevention and Punishment of the Crime of Genocide 1948. The governments of Myanmar in doing the violations were intended to destroy the Rohingya Muslim as a group, wholly or partly, followed by other violations such as mass murder, rape, and also damage to the villages by fire with some people are still locked in the house and burnt inside the house. Government of Myanmar keep doing so, because based on Burma Citizenship Law 1982, Myanmar doesn’t recognize the existence of Rohingya as citizen of Myanmar. It causes Rohingya as stateless. The study is normative legal research with Statute Approach and Case Approach. The study analyse the violations which is done by Myanmar to the Rohingya Ethnic in Rakhine. The result shows that International Court of Justice has a jurisdiction upon Rohingya case unde...

Overview of Human Rights Violations Against Rohingya Ethnicity in Burma and Uighur Tribe in China in International Law Perspectives

Proceedings of the International Conference on Law Reform (INCLAR 2019), 2020

Since the inception of the Declaration of Human Rights, 1948 the acknowledgment of the human rights protection for each person has been arranged, so it is hoped that there is no violation of human rights and crimes in every country in the world. Every human being has the right to live peacefully and carry out every activity of religious beliefs without any oppression. But this does not happen to the Rohingya tribes of Burma and the Uyghur tribes of China. So far, various facts have shown that human rights violations have been held against them, both in sustaining life and in exercising their religious beliefs. Countries should give space and comfort to act as perpetrators of human rights crimes against them. The United Nations, ASEAN or other international organisations, as well as other countries cannot do much of the human rights abuses and humanitarian crimes. This paper will discuss how the international legal view of the human rights abuses is. The results showed that human rights violations against the Rohingya ethnicity and the Uyghur people had violated international law provisions. It should be a proven leader of the country with its policies to have committed human rights violations and humanitarian crimes could be judged international Criminal Court (ICC) as perpetrators of humanitarian crimes and could not be sheltered behind the country. Need the courage and firmness of the UN in addressing this if it still puts the law as a regulator of peace and Order of the world.

The Rohingya Crisis: A Critical Analysis of the United Nations Security Council and International Human Rights Law

Athens Journal of Law

This essay reviews the human rights violations against the Rohingya people in 2017 and assesses the effectiveness of accountability under the United Nations Security Council (UNSC). It is concluded that under the principles of ethics and integrity in international law and human rights law, there should have been investigations into the crimes committed against Rohingya Muslims in accordance with the judgement given by the ICC's Pre-Trial Chamber. The essay underlines the fundamental principles of ethics and integrity in international law and human rights law. The principles of ethics and integrity in international law should have allowed the UNSC to act in accordance with the international doctrine of human rights. It is concluded that the UNSC's failure to carry out its obligations was solely due to Russia's political ties with Myanmar, which also resulted in Russia using its veto power and obstructing the UNSC's statement on the situation. The banal approach to the...

International Criminal Court and its Tryst with Justice: The case of Myanmar

International Journal of Arts Humanities and Social Sciences Studies, 2020

The UN independent fact finding mission in 2018, distinctly corroborated by the UNHCR and Amnesty International, have evidently found the Myanmar Military forces of committing grave human rights violations cumulating to crimes against humanity and genocide. Myanmar's continuous denial of such crimes and its unwillingness to prosecute the perpetrators has brought the ICC in contention. Though Myanmar is not a state party to the Rome Statute, on a request by the chief prosecutor, the Pre Trial Chamber of the ICC has decided it has jurisdiction over Myanmar for the forcible deportation of Rohingyas to Bangladesh which amounts to crime against humanity. This article devolves the reasons for the accountability of the perpetrators at the ICC and the challenges ICC may face in holding the perpetrators liable. Finally the author would recommend ways by which the ICC may overcome such hindrances and result in accountability of the perpetrators.

Protection Rohingyas through International Adjudication-Decoding Provisional Measures of International Court of Justice in The Gambia vs Myanmar

MUSAMUS LAW REVIEW Volume 3 Issue 1, 2020

United Nations Secretary-General Antonio Guterres acknowledged Rohingya, "one of, if not the, most discriminated people in the world". In Myanmar, a country with a Buddhist majority, around a million Rohingya who are the minority having their language and culture, have been persecuted for decades. In the year 2014 census, Myanmar excluded Rohingya by denying basic citizenship. Thousands of Rohingya have fled to neighboring States after facing persecution orchestrated by Myanmar security forces with the help of local Buddhist mobs. In this background, the Gambia with the help of the Organization of Islamic Cooperation filed the case in the International Court of Justice, alleging that the actions perpetrated by Myanmar violated the provisions of the 1948 Genocide Convention to which both States are the parties. Myanmar rightly questioned the standing of Gambia as the interest of Gambia was not threatened or at stake. So, in the absence of a cause of action or rights of Gambia not affected even remotely, the International Court of Justice should not entertain the case. One of the major issues before the Court whether Gambia has stood without being affected directly from the violations alleged to have been committed on the Rohingya. The present author will discuss the provisional measures rendered by the ICJ on 23rd January 2020 and the challenges such as jurisdiction, admissibility, urgency or irreparable prejudice condition, faced by the Court with a special focus on the "Plausibility requirement" in provisional measures.

The Rights of Rohingya: A Legal Analysis on the Role of ICC & ICJ -Kazi Shaila Sultana

The refugee crisis and forced migration is considered as a great challenge for the twenty first century. The protection of the rights of refugees creates some obligation to the asylum countries. According to the Convention relating to the status of refugee, "A refugee is someone who owing to well-founded fear of being persecuted for reasons of race, religion ,nationality

The Crime of Genocide on the Rohingya Ethnic in Myanmar from the Perspective of International Law and Human Rights

2018

Abstra ct Genocide has become one of the most essential issue nowadays in the world since the ethnic conflict on Rohingya occurred in Myanmar. This conflict which has killed thousands of innocence civilians happened over the last century and increasingly heating up in the 21st century. Genocide on the Rohingya constitute a serious international crime which was conducted widespread and systematically, carried out by state actors (state agents or military apparatus) and non- state actors by destruction in whole or in part. This research focuses on the crime of genocide that occurred in the conflict of Rohingya which reviewed based on aspects of international law and human rights. The research results show that genocide on the Rohingya Ethnic has become a crime against humanity and violates the principle of humanity. Abstrak Genosida saat ini menjadi salah satu persoalan yang paling penting di dunia sejak terjadinya insiden konflik sejak konflik etnis Rohingya terjadi di Myanmar. Konfl...

Double Standards in International Legal Politics in the Settlement of Violations of Human Rights to the Rohingya Ethnic

International Journal of Law Dynamics Review, 2023

This article aims to identify the resolution of gross human rights violations against the Rohingya ethnic group who have been discriminated of the Myanmar Military Junta Government. The international community and political response are giving pressure and criticism about upheaval against the settlement of violations against the Rohingya. The Myanmar government rejection of accusations of gross human rights violations can be seen from the international double standards towards the settlement of the Rohingya case. This article uses the library research method, and critical analysis to understand the settlement of human rights violations against the Rohingya. The conclusion is Discrimination against this ethnic can be considered by international human rights law as a gross violation of human rights, even though Myanmar has legal arrangements for protecting human rights in force in its country. International human rights law as a political instrument has powerful in efforts to create quality international policy products including guaranteeing the implementation of respect for human rights in the world through the role of international institutions as guardians in the process of enforcing human rights violations committed by a country through various strategic steps both repressive, preventive and curative. Discrimination against the Rohingya can be seen in the application of double standards by several countries such as the Western block countries, where they seem to keep quiet about these human rights violations.