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Rohingya Refugee

Crisis
Introduction to Public International Law Presentation
Akmal Armunda Harahap
Who are the Rohingyas?
• Primarily Muslim ethnic minority group in
predominantly Buddhist Myanmar.
• They have lived in the area now known as
Rakhine for hundred of years
• The Rakhine State became part of Myanmar
(Burma) in 1700s
• Burmese called the Rohingya to be illegal “Bengali”
immigrants – though they have lived in Myanmar for
generations.
• Prejudice started in 1960 when the government mostly
controlled by the military
• Discrimination occurred on the Rohingya people
Case Description
• May-June 2012: A Rape Accusation
• May 2012: Three Rohingya
accused of raping and murdering a
Buddhist girl, and in response a
mob kills 10 Muslims in a
“revenge” attack
• June 8, 2012: Riots conducted by
Muslims and Rakhine residents
• Rohingya Muslims and
Burmese Buddhists begin
attack each other
• Government declares state of
emergency and then quashes
the violence
• June 12: According to Human
Rights Watch, 100.000
Rohingya are displaced and
housed in camps. 78
reported dead by the
Government
• 2013:
• March: (21-25 April) 43 killed amid calls for “Muslim Extermination”
• April: Thousands begins started to leave Myanmar, the world begins to notice
• According to Human Rights Watch, Thousands of Rohingya have fled to
Bangladesh, Malaysia and Thailand since the first violent, but many of them did
not survive.
• June: UN Urges action
• "The ongoing human rights violations against the Rohingya community in
Rakhine state and the spread of anti-Muslim sentiment across the State and
beyond is threatening [Myanmar's] reform process and requires focused
attention from the Government.“ – Navi Pillay
• May: up to 8000 Rohingyas are stranded at sea
• October 2016
• The military begins conducting “targeted
sweeps” against terrorist, yet forcibly remove
thousands of villagers from their homes.
• November 2016
• Use of helicopter against civilians
• August 2017
• In August, Rohingya insurgents, outraged
over decades of discrimination against the
Rohingya people, attack Burmese border
police posts and kill 12 officers. In response,
Myanmar's military begins a "counter-
insurgency clearing operation" against the
Rohingya — people begin to flee.
• In less than a week, 27,000 Rohingya leave
Myanmar, walking and taking boats to
neighboring Bangladesh as security forces
continue their "clearing operation.”
• September 2017
• UN says “Ethnic Cleansing” is occurring in Myanmar
• Approximately 400.000 Rohingya refugees have fled to
Bangladesh since August. According to the UN estimates –
over half are children and malnourished.
• “As the de facto democratic leader of Myanmar and as a
renowned advocate for human rights, you have a particular
moral and political obligation to speak out against this
appalling cruelty, and to do whatever is in your power to stop
it,” Canadian President Trudeau writes in an open letter to Suu
Kyi, who has, so far, declined to comment on the conflict in
her country.
• September 2017
• After cancelling her trip to the US for the UN
General Assembly meeting, Suu Kyi finally
addresses the growing crisis — amidst reports
of security forces shooting at unarmed
civilians, systematically raping women and
girls, and setting fire to homes. Suu Kyi says
the government "would like to find out why
this exodus [of Rohingya to Bangladesh] is
happening." Many are disappointed.
• October 2017
• Rohingya crisis becomes the world’s fastest
developing refugee emergency
• Bangladesh strained by sudden influx of
refugees
• World leaders and IOs pledge up to 300
million dollars to fund UN-run humanitarian
relief program to aid the Rohingya
Issues
• What measures have been taken by actors of
International Law in dealing with this case? (for
example: United Nations and ASEAN)
• Does the ICC & ICJ has jurisdiction over the alleged
Crimes Against Humanity, conducted in Myanmar?
Measures
• UNSC urges that the problem in Myanmar can be
resolved quickly due to the fact-finding team’s report
stating that Crimes Against Humanity being done in
Rakhine which also means the worst crime under
international law.
• However, this decision was vetoed by Russia & China.
• Other bodies the UN played role to help the refugees of
Rohingya such as UN Human Rights Council and UN High
Commissioner for Refugees
• ASEAN Charter is silent
regarding the obligation to keep
peace within territory of
Southeast Asia. No specific
provision stated the aim of
ASEAN to do peace-keeping
mission as United Nations.
• Principles of ASEAN:
• Non-interference
principle
• Economical objective
• Family principle
• Leaders of ASEAN
pressured to push
Myanmar on
Rohingya
repatriation
Analysis
• Myanmar is not a party to the Rome Statute. Myanmar is not bound to the ICC.
• On April 9, 2018, the Office of the Prosecutor requested that the Pre-Trial Chamber
determine whether the ICC could exercise jurisdiction over the alleged deportation of
the Rohingya people from Myanmar to Bangladesh on the basis that an element of the
crime takes place on the territory of a signatory to the Rome Statute, Bangladesh.
• On September 6, 2018, the ICC’s Pre-Trial Chamber I issued a
majority decision finding that the Court could exercise jurisdiction over the alleged
deportation.
• On May 7, 2018, the Pre-Trial Chamber requested Bangladesh to submit its written
observations regarding the prosecutor’s request as amicus curiae pursuant to rule
103(1) of the Rules of Procedure and Evidence. Bangladesh submitted its views
regarding the Rohingya crisis to the ICC confidentially, agreeing that the ICC had
territorial jurisdiction for the crime of deportation.
• ICC: focus on criminal responsibility
• ICJ: seek legal accountability on state-level
• ICJ could issue provisional measure directing Bangladesh and
Myanmar to postpone their agreement to repatriate the
Rohingya
• Claims of Genocide are by far most serious allegation
Conclusion
• The military abuse that have been done by the government of
Myanmar, basically because of the Myanmar’s government did
not recognize the people of Rohingyas as their citizen.
• The UN’s effort to resolve the issue are also being limited by
China, one of the P5 Members that choose to disagree upon the
resolution of the case.
• Although ASEAN did not much address this issue, some members
of ASEAN have spoke to help the refugees of ASEAN.
• ICC could have jurisdiction on this case (individuals)
• ICJ could also adjudicate the case (state-level)
References
• https://www.globalcitizen.org/en/content/myanmar-
rohingya-refugee-crisis-burma-timeline/
• https://thediplomat.com/2019/01/the-plight-of-the-
rohingya-what-options-under-international-law/
• https://www.bloomberg.com/news/articles/2019-06-
23/asean-leaders-hold-off-from-demanding-citizenship-
for-rohingyas
• Images are from google, I do not own the right for
these pictures

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