This article argues that there are firm grounds upon which to regard the act of denying a person's right of return to their country as a crime against humanity. To make its case, the article builds upon two justifications for the right of return: its grounding based on the human need to belong, and its purpose as a means of preventing rightlessness. The human interests underlying these justifications, the article contends, are similarly those reflected by the image of humanness ingrained within the law of crimes against humanity. Therefore, when the right of return is denied, it is also an assault against humanness as such – a crime against humanity. Recently, proceedings before the International Criminal Court (ICC), with regard to the situation in Bangladesh/Myanmar, have made this question highly relevant. Both the Court's Pre-Trial Chamber and Prosecutor have raised arguments in support of regarding the denial of the right of the Rohingya peoples to return to Myanmar a crime against humanity of other inhumane acts. Consequently, this article attempts to offer support for what might turn out to be an important doctrinal development in ICC jurisprudence.

中文翻译：

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否认返回权是危害人类罪

本文认为，有充分的理由将剥夺一个人返回其国家的权利的行为视为危害人类罪。为了说明这一点，这篇文章建立在回归权的两个理由之上：它基于人类归属的需要，以及它作为防止无权的手段的目的。文章认为，这些理由背后的人类利益，同样反映在危害人类罪法中根深蒂固的人性形象中。因此，当剥夺返回权时，这也是对人类本身的攻击——反人类罪。最近，国际刑事法院（ICC）关于孟加拉国/缅甸局势的诉讼使这个问题变得非常重要。双方法院' s 预审分庭和检察官提出论据，支持剥夺罗兴亚人民返回缅甸的权利是其他不人道行为的危害人类罪。因此，本文试图为可能被证明是国际刑事法院法理学的重要理论发展提供支持。