The Rohingya Crisis and the International Criminal Court

The purpose of this book is to critically examine the activities of the International Criminal Court (ICC) on the eve of its 20th year of existence, with a focus on its relationship to the Rohingya crisis. This book is unique in that it identifies the potential and contemporary challenges of the ICC while focusing on the relationship between the Rohingya issue and the ICC. The relationship between the Rohingya crisis and the ICC is an issue that is fraught with contemporary challenges and worth dealing with. The relationship between the ICC and non-State Parties and the relationship between the ICC and high government officials are the examples of these challenges. Its novelty is to address the relationship between the Rohingya crisis and the ICC by staying current of information. The human rights situation of the Rohingya is of high international concern. With a case pending at the International Court of Justice (ICJ), not only individual criminal responsibility but also State responsibility may be sought for the most serious human rights violations. The Rohingya crisis itself is of great international concern, and it is expected that the issues will be discussed from the perspective of international human rights law, international humanitarian law, and international criminal law. Therefore, the structure of this book is as follows. First, it explains the history of the Rohingya crisis. Secondly, it touches on the relationship between the Rohingya crisis and the ICC. Thirdly, the book discusses the relationship between the ongoing case of Gambia v. Myanmar at the ICJ and the proceedings of the ICC. Finally, the book concludes with an assessment of the legitimacy, effectiveness, and efficiency of the ICC in recent years. Preface Contents About the Author 1 Introduction References 2 Background to the Rohingya Crisis 2.1 Introduction 2.2 Colonial Period 2.3 Post-independence 2.4 Conclusion References 3 The Rohingya Crisis and the International Criminal Court 3.1 Procedural History 3.1.1 The United Nations’ and Myanmar’s Initiatives for Dealing with the Rohingya Crisis 3.2 The Good Offices of the United Nations Secretary-General 3.3 Myanmar’s Ratification of International Treaties 3.4 Rising Awareness of the Pursuit of Individual Responsibility 3.4.1 Prelude to the Pursuit of Individual Responsibility 3.4.2 Proceedings Before the ICC 3.5 Pros and Cons on the Jurisdiction of the ICC Over the Bangladesh/Myanmar Situation 3.6 ASEAN and Chinese Efforts to Cope with the Rohingya Crisis 3.7 Recent Developments 3.8 Conclusion References 4 The Relationship Between the Rohingya Case Before the International Court of Justice and the Bangladesh-Myanmar Situation Before the International Criminal Court 4.1 Proceedings Before the International Court of Justice 4.1.1 Institution of Proceedings by the Gambia 4.1.2 Desired Relief 4.1.3 Myanmar’s Counterargument 4.1.4 Third-Party Intervention Before the ICJ 4.2 Provisional Measures 4.3 Preliminary Objections 4.3.1 Myanmar’s Preliminary Objections 4.3.2 Rulings 4.4 Related Developments 4.5 Prospects for Establishing Genocide 4.6 The Gambia V. Myanmar as Strategic Human Rights Litigation 4.7 The Dynamic Relationship Between State and Individual Responsibility for Crimes Under International Law 4.7.1 The ICJ and the ICC 4.7.2 The ICC and Regional Human Rights Institutions 4.7.3 Superior Responsibility 4.8 Responsibility to Protect and the Gambia’s Application 4.9 Responsibility to Protect and the US Government 4.10 Possible Effects Associated with the February 2021 coup d’état 4.11 Implications of the Application of the Genocide Convention in Ukraine and Russia on the Application of the Genocide Convention in Myanmar 4.12 Conclusion References 5 The Legitimacy, Effectiveness, and Efficiency of the ICC 5.1 The Meaning and Indicators of the ICC’s Legitimacy 5.1.1 Legitimacy Discourse in International Law 5.1.2 Legitimacy Discourse in International Criminal Law 5.1.3 The Meaning of Legitimacy 5.1.4 Legitimacy of the ICC 5.2 ICC Effectiveness and Efficiency 5.3 Evaluating Legitimacy and Effectiveness vis-à-vis Bangladesh/Myanmar 5.3.1 Evaluating Legitimacy 5.3.2 Effectiveness: Likelihood of Trials in Domestic Courts 5.4 Conclusion References 6 Conclusion 6.1 Rule of Law in a World in Chaos 6.2 Proposed Solutions 6.3 Dual-Track Pursuit of State and Individual Responsibility in the International Legal System References Index