The Rohingya Crisis and the International Criminal Court

The Rohingya Crisis and the International Criminal Court
Author: Hitomi Takemura
Publisher: Springer Nature
Total Pages: 161
Release: 2023-05-31
Genre: Law
ISBN: 981992734X

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.

The Legitimacy of International Criminal Tribunals

The Legitimacy of International Criminal Tribunals
Author: Nobuo Hayashi
Publisher: Cambridge University Press
Total Pages: 843
Release: 2017-01-19
Genre: Law
ISBN: 1316943151

With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgements, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism. The book's original contributions will appeal to researchers, practitioners, advocates, and students of international criminal justice, accountability for war crimes and the rule of law.

Serious International Crimes, Human Rights, and Forced Migration

Serious International Crimes, Human Rights, and Forced Migration
Author: James C. Simeon
Publisher: Routledge
Total Pages: 481
Release: 2022-02-10
Genre: Law
ISBN: 1000539369

This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.

The Rohingyas

The Rohingyas
Author: Azeem Ibrahim
Publisher: Oxford University Press
Total Pages: 259
Release: 2018
Genre: Burma
ISBN: 1849049734

The Rohingya are a Muslim group who live in Rakhine state (formerly Arakan state) in western Myanmar (Burma), a majority Buddhist country. According to the United Nations, they are one of the most persecuted minorities in the world. They suffer routine discrimination at the hands of neighboring Buddhist Rakhine groups, but international human rights groups such as Human Rights Watch (HRW) have also accused Myanmar's authorities of being complicit in a campaign of ethnic cleansing against the Rohingya Muslims. The Rohingya face regular violence, arbitrary arrest and detention, extortion, and other abuses, a situation that has been particularly acute since 2012 in the wake of a serious wave of sectarian violence. Islam is practiced by around 4% of the population of Myanmar, and most Muslims also identify as Rohingya. Yet the authorities refuse to recognize this group as one of the 135 ethnic groups or 'national races' making up Myanmar's population. On this basis, Rohingya individuals are denied citizenship rights in the country of their birth, and face severe limitations on many aspects of an ordinary life, such as marriage or movement around the country. This expose of the attempt to erase the Rohingyas from the face of Myanmar is sure to gain widespread attention.

The Rohingya Crisis

The Rohingya Crisis
Author: Manzoor Hasan
Publisher: Taylor & Francis
Total Pages: 178
Release: 2022-12-30
Genre: Law
ISBN: 1000822192

This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar’s myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountability. This timely contribution will be of interest to academics, researchers, development practitioners, and human rights organizations.

Saving the International Justice Regime

Saving the International Justice Regime
Author: Courtney Hillebrecht
Publisher: Cambridge University Press
Total Pages: 255
Release: 2021-09-30
Genre: Law
ISBN: 1009059556

While resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?

Genocide and Geopolitics of the Rohingya Crisis

Genocide and Geopolitics of the Rohingya Crisis
Author: Mohammad Aminul Karim
Publisher: Nova Science Publishers
Total Pages: 228
Release: 2020-08-05
Genre: Burma
ISBN: 9781536182583

Organization of the Book -- Background History of the Rohingyas in Arakan: From the Kingdom of Arakan to the Colonial Era -- Relevant Burmese Modern History -- To Define the Rohingya Problem -- Strategic Significance of the Area -- 1974 Constitution: A Turning Event in Myanmar History? -- Role of the Monks -- What Genocide/Crime against Humanity/Ethnic Cleansing Entails -- Can the International Criminal Court (ICC) Prosecute the Perpetrators? -- Geopolitics Involved -- Possibility of Local Insurgency Getting Entrenched -- Possibility of Rohingya Going back to Myanmar this Time Round -- Plight of Bangladesh in Sheltering the Rohingyas -- Scenario Development -- Suggestions: Few Doable.