The Rohingya, Justice and International Law

Description

Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the 'Rohingya', normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising 'universal jurisdiction' in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields. Cover Half Title Title Page Copyright Page Table of Contents Preface Abbreviations Part I Introduction Chapter 1 Narratives about the ‘Rohingya’ and their plight Who are the people widely called the ‘Rohingya’? The accusation about the plight of the Rohingya The Myanmar Government’s defence The Myanmar National Human Rights Commission Chapter 2 The Rohingya situation and international reactions ASEAN OIC Human rights treaty bodies United Nations UN Security Council Human Rights Council and UN General Assembly Part II The International Court of Justice: State responsibility Chapter 3 The Gambia’s case before the ICJ Introduction to the ICJ The Gambia’s Application The Gambia’s legal standing to institute the Application against Myanmar Existence of a dispute between The Gambia and Myanmar Chapter 4 Proving violations of the 1948 Genocide Convention Genocide Convention Burden and standard of proof Provisional measures indicated by the ICJ Possible outcomes if Myanmar is held to have breached the Genocide Convention Part III The International Criminal Court: Individual criminal responsibility Chapter 5 Introduction to the International Criminal Court The ICC Crimes under the ICC’s jurisdiction Trigger mechanisms and preconditions for the ICC’s exercise of jurisdiction Complementarity Direct responsibility or command/superior responsibility Investigation, trial, appeal and punishment Prosecution of high-ranking civilians in international criminal tribunals Chapter 6 Practical difficulties faced by the ICC The ones in the dock The ones not (yet) in the dock Will the Office of the ICC Prosecutor be capable of discharging its mandate in relation to the Situation in Bangladesh/Myanmar? Part IV Justice in foreign domestic courts Chapter 7 Exercise of universal criminal jurisdiction by Argentina and other nation States Criminal jurisdiction Decline or rise in the exercise of universal jurisdiction? Chapter 8 Sanctions and redress under domestic law for victims of serious human rights violations abroad Unilateral sanctions Damages and other forms of reparation under the domestic law of foreign States Part V Stock taking Chapter 9 Lessons learnt and future possibilities Where are we now? Alternatives to prosecution Amnesty and pardon Statute of limitations International cooperation to extradite or prosecute perpetrators of serious crimes of international concern Business as usual with Myanmar, especially after the February 2021 military takeover? Epilogue Index