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The Scope and Implications of the International Criminal Court's Jurisdictional Decision over the Rohingya Crisis
- Human Rights Quarterly
- Johns Hopkins University Press
- Volume 43, Number 2, May 2021
- pp. 259-289
- 10.1353/hrq.2021.0018
- Article
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Abstract
ABSTRACT:
In 2018, the International Criminal Court ruled that it has jurisdiction over the Myanmar government's deportation of the Rohingya to Bangladesh. The basis for its jurisdiction was that Bangladesh is an ICC state party, although Myanmar is not. This decision has raised questions on the applicability of the decision to other crimes, including genocide. Moreover, its potential applicability to other situations that have taken place in a non-state party became the subject of much debate. The author concludes that the ICC may exercise its jurisdiction over Myanmar's alleged genocide but not over all international crimes that generate refugees.
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