The International Criminal Court (ICC) and the Rohingya Crisis – Jurisdiction and Future Perspectives
Dr. Sharefah A. Almuhana
Assistant Professor of Public International Law – KILAW
Abstract:
This research paper attempts to examine the Rohingya crisis in light of the ICC system under the Rome Statute as well as the political and economic circumstances surrounding the crisis. Further, this research aims to uncover the systemic weaknesses and limits of the ICC. Moreover, this research raises concerns that the ICC does not have jurisdiction over the Rohingya crisis, except in accordance with the objective principle of territoriality, which in turn affects the extent of the ICC jurisdiction. Specifically, this principle would limit the ICC jurisdiction to the deportation and any criminal acts or conduct that were committed on Myanmar’s territory but that produced consequences on Bangladesh’s territory. Thus, many crimes and criminals would remain unpunished. Therefore, this paper aims to explore alternate paths for the international community to overcome these challenges and ensure accountability for the abuses against the Rohingya.
Keywords: International criminal law, Transnational criminal law, Transboundary crime, Cross-border crime, Extraterritorial.