International Criminal Court investigation in Bangladesh/Myanmar

Last updated

The International Criminal Court Investigation in Bangladesh/Myanmar is an investigation by the International Criminal Court for crimes related to the deportation of Rohingya from Myanmar to Bangladesh that occurred since 1 June 2010 partly in Bangladesh and partly in Myanmar. The full investigation started on 14 November 2019. [1] An arrest warrant for Min Aung Hlaing for crimes against humanity was requested on 27 November 2024. [2] [3] [4]

Contents

Jurisdiction and preliminary examination

On 9 April 2018, ICC Prosecutor Fatou Bensouda requested that the court decide on its jurisdiction over the situation of the deportation of Rohingya from Myanmar to Bangladesh, given that Bangladesh was a state party to the Rome Statute but Myanmar was not. The court stated that it had jurisdiction under Article 12(2)(a) of the Rome Statute. [5]

Bensouda started a preliminary examination of the case in September 2018. She found "a reasonable basis to believe that at least 700,000 Rohingya" had been coercively deported, with the commission of crimes under Articles 7(1)(d), 7(1)(k) and 7(1)(h) of the Rome Statute, partly in Myanmar and partly in Bangladesh. On 4 July 2019 she requested permission to start a full investigation for events of the deportation starting since 9 October 2016. [5]

Investigation

On 14 November 2019, Pre-Trial Chamber III of the ICC authorised the investigation to commence, with scope covering crimes linked to the request that partly occurred in Bangladesh on or after 1 June 2010. The Chamber justified the 2010 start date based on the information it had received about crimes apparently committed earlier than 2016, and 1 June 2010 based on the date of Bangladesh becoming a party to the Rome Statute. No end date was set for the scope, on the condition that other crimes are "sufficiently linked" to the request for opening the investigation. [1] :53–57

The initial investigations focused on violence against the Rohingya in Rakhine State in 2016 and 2017 and the movements of Rohingya from Myanmar to Bangladesh that followed the violence. [2] Evidence considered in the investigation included witness reports, "documentary evidence and authenticated scientific, photographic and video materials". [3]

Cases

An arrest warrant for crimes against humanity was requested on 27 November 2024 against Min Aung Hlaing. Min Aun Khlain v Tatarstane 04 (25-06-2021) (cropped 3).jpg
An arrest warrant for crimes against humanity was requested on 27 November 2024 against Min Aung Hlaing.

On 27 November 2024, ICC Prosecutor Karim Ahmad Khan requested an arrest warrant against Min Aung Hlaing from Pre-Trial Chamber I, stating that there were reasonable grounds to believe that Hlaing held "criminal responsibility for the crimes against humanity of deportation and persecution of the Rohingya, committed in Myanmar, and in part in Bangladesh" between 25 August 2017 and 31 December 2017 by Tatmadaw, including Border Guard Forces, and by the Myanmar Police Force and non-Rohingya civilians. [2] [3] [4]

Reactions

A Human Rights Watch legal advisor described the 27 November 2024 arrest warrant request against Hlaing as "com[ing] amid renewed atrocities against Rohingya civilians that echo those suffered seven years ago" and stated that "the ICC's action is an important step toward breaking the cycle of abuses and impunity that has long been a key factor in fueling the military's mass violations." [3] Tun Khin of the Burmese Rohingya Organisation described the request as "another step towards justice and accountability." [4]

See also

Related Research Articles

<span class="mw-page-title-main">International Criminal Court</span> Intergovernmental organization and international tribunal

The International Criminal Court (ICC) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.

A preliminary examination of possible war crimes committed by United Kingdom (UK) military forces during the invasion of Iraq in March 2003 was started by the ICC in 2005 and closed in 2006. The preliminary examination was reopened in 2014 in the light of new evidence.

<span class="mw-page-title-main">International Criminal Court investigations</span> Investigations by the International Criminal Court

The International Criminal Court has opened investigations in Afghanistan, Bangladesh/Myanmar, Burundi, the Central African Republic (twice), Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Georgia, Kenya, Libya, Mali, Palestine, the Philippines, Uganda, Ukraine, and Venezuela I. The Office of the Prosecutor carried out and closed preliminary investigations in Bolivia; Colombia; Congo II; Gabon; Guinea; Honduras; Iraq/the United Kingdom; registered vessels of Comoros, Greece, and Cambodia; and South Korea. Ongoing preliminary examinations are being carried out in situations in Lithuania/Belarus, Nigeria, and Venezuela II.

<span class="mw-page-title-main">Karim Ahmad Khan</span> British lawyer (born 1970)

Karim Asad Ahmad Khan is a British lawyer specialising in international criminal law and international human rights law, who has served as Prosecutor of the International Criminal Court since 2021.

<span class="mw-page-title-main">Fatou Bensouda</span> Gambian lawyer (born 1961)

Fatou Bom Bensouda is a Gambian lawyer and former Prosecutor of the International Criminal Court (ICC), who has served as the Gambian High Commissioner to the United Kingdom since 3 August 2022.

<span class="mw-page-title-main">Luis Moreno Ocampo</span> Argentine lawyer and first prosecutor of the ICC

Luis Moreno Ocampo is an Argentine lawyer who served as the first prosecutor of the International Criminal Court (ICC) from 2003 to 2012. Previously, he had played a major role in Argentina's democratic transition (1983–1991).

<span class="mw-page-title-main">International Criminal Court investigation in Kenya</span> 2010 investigation by the International Criminal Court

The International Criminal Court investigation in Kenya or the situation in the Republic of Kenya was an investigation by the International Criminal Court (ICC) into the responsibility for the 2007–2008 post-election violence in Kenya. The 2007–2008 crisis followed the presidential election that was held on 27 December 2007. The Electoral Commission of Kenya officially declared that the incumbent President Mwai Kibaki was re-elected however supporters of the opposition candidate Raila Odinga accused the government of electoral fraud and rejected the results. A series of protests and demonstrations followed, and fighting—mainly along tribal lines—led to an estimated 1,200 deaths and more than 500,000 people becoming internally displaced.

<span class="mw-page-title-main">International Criminal Court investigation in the Democratic Republic of the Congo</span>

The International Criminal Court investigation in the Democratic Republic of the Congo or the situation in the Democratic Republic of the Congo is an ongoing investigation by the International Criminal Court (ICC) into crimes committed in the Democratic Republic of the Congo (DRC) during the Second Congo War and its aftermath, including the Ituri and Kivu conflicts. The war started in 1998 and despite a peace agreement between combatants in 2003, conflict continued in the eastern parts of the country for several years. In April 2004 the government of the DRC formally referred the situation in the Congo to the International Criminal Court, and in June 2004, prosecutor Luis Moreno Ocampo, formally opened an investigation. To date, arrest warrants have been issued for:

<span class="mw-page-title-main">International Criminal Court investigation in Darfur</span> Ongoing investigation by the International Criminal Court

The International Criminal Court investigation in Darfur or the situation in Darfur is an ongoing investigation by the International Criminal Court (ICC) into criminal acts committed during the War in Darfur. Although Sudan is not a state party to the Rome Statute, the treaty which created the ICC, the situation in Darfur was referred to the ICC's Prosecutor by the United Nations Security Council in 2005. As of June 2019, five suspects remained under indictment by the court: Ahmed Haroun, Ali Kushayb, Omar al-Bashir, Abdallah Banda and Abdel Rahim Mohammed Hussein. Charges against Bahar Abu Garda were dropped on the basis of insufficient evidence in 2010 and those against Saleh Jerbo were dropped following his death in 2013. In mid-April 2019, Haroun, al-Bashir and Hussein were imprisoned in Sudan as a result of the 2019 Sudanese coup d'état. In early November 2019, the Forces of Freedom and Change (FFC) and Sudanese Prime Minister Abdalla Hamdok stated that al-Bashir would be transferred to the ICC. One of the demands of the displaced people of Darfur visited by Hamdok prior to Hamdok's statement was that "Omar Al Bashir and the other wanted persons" had to be surrendered to the ICC.

<span class="mw-page-title-main">Silvia Fernández de Gurmendi</span> Argentine lawyer, diplomat and judge

Silvia Alejandra Fernández de Gurmendi is an Argentine lawyer, diplomat and judge. She was a judge at the International Criminal Court (ICC) from 18 November 2009 to 10 March 2018 and was the first woman President of the ICC from March 2015 to March 2018. In 2020 she was elected to serve as President of the Assembly of States Parties to Rome Statute of the International Criminal Court for the twentieth to twenty-second sessions (2021-2023).

<span class="mw-page-title-main">International Criminal Court investigation in Mali</span>

The International Criminal Court investigation in Mali or the Situation in the Republic of Mali is an ongoing investigation by the International Criminal Court (ICC) into war crimes and other crimes within the ICC's jurisdiction that are alleged to have occurred during the Northern Mali conflict since January 2012. The investigation was requested by the government of Mali in July 2012. As the first person who pleaded guilty to a charge of the ICC, Ahmad al-Faqi al-Mahdi made a statement expressing remorse and advising others not to commit similar acts.

<span class="mw-page-title-main">Antoine Kesia-Mbe Mindua</span> Congolese lawyer

Antoine Kesia-Mbe Mindua is a Congolese lawyer who served first as a judge of the International Criminal Tribunal for the former Yugoslavia and then as a judge of the International Criminal Court.

<span class="mw-page-title-main">International Criminal Court investigation in Afghanistan</span>

The International Criminal Court investigation in Afghanistan or the Situation in Afghanistan is an ongoing investigation by the International Criminal Court (ICC) into war crimes and crimes against humanity that are alleged to have occurred during the war in Afghanistan since 1 May 2003, or in the case of United States Armed Forces and the CIA, war crimes committed in Afghanistan, Poland, Romania or Lithuania. On 5 March 2020, the investigation was authorised to officially begin.

<span class="mw-page-title-main">International Criminal Court investigation in Libya</span>

The International Criminal Court investigation in Libya or the Situation in Libya is an investigation started in March 2011 by the International Criminal Court (ICC) into war crimes and crimes against humanity claimed to have occurred in Libya since 15 February 2011. The initial context of the investigation was the 2011 Libyan Civil War and the time frame of the investigation continued to include the 2019 Western Libya offensive.

<span class="mw-page-title-main">International Criminal Court investigation in Venezuela</span> Ongoing investigation by the International Crime Court

An investigation by the International Criminal Court (ICC) to analyze possible crimes against humanity committed in Venezuela was opened in 2021. A preliminary examination was initially opened in 2006, and closed after concluding that the requirements to start an investigation had not been met. In February 2018, the ICC announced that it would open preliminary probes into alleged crimes against humanity performed by Venezuelan authorities since at least April 2017. In 2020, the Office of the Prosecutor of the ICC stated that it believed there was a "reasonable basis" to believe that "since at least April 2017, civilian authorities, members of the armed forces and pro-government individuals have committed the crimes against humanity", and on 2021 ICC Prosecutor Karim Khan announced the opening of an investigation regarding the situation in the country.

<span class="mw-page-title-main">International Criminal Court investigation in Palestine</span> International legal proceedings

The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, on 20 December 2019 announced an investigation into war crimes allegedly committed in Palestine by members of the Israeli military and Hamas and other Palestinian armed groups since 13 June 2014.

<span class="mw-page-title-main">International Criminal Court investigation in Ukraine</span> Ongoing investigation opened in 2022

The International Criminal Court investigation in Ukraine or the Situation in Ukraine is an ongoing investigation by the Prosecutor of the International Criminal Court (ICC) into "any past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person" during the period starting "from 21 November 2013 onwards", on an "open-ended basis", covering the Revolution of Dignity, the Russo-Ukrainian War including the 2014 annexation of Crimea by Russia, the war in Donbas and the Russian invasion of Ukraine. The ICC prosecutor commenced these investigations on 2 March 2022, after receiving referrals for the situation in Ukraine from 39 ICC State Parties.

<span class="mw-page-title-main">International Criminal Court investigation in Georgia</span>

The International Criminal Court opened a proprio motu investigation in the Situation in Georgia on 27 January 2016 to look into war crimes and crimes against humanity that may have occurred in and around South Ossetia in the context of an international armed conflict between Georgia and Russia between 1 July and 10 October 2008. The investigation phase was announced to have been completed on 16 December 2022. In the course of it, the three high-ranking officials in the Russian-backed South Ossetian government — remaining at large as of the time of the announcement — were subjected to arrest warrants for crimes committed against Georgian civilians. The fourth suspect, a senior Russian general, was not indicted as he had died in 2021.

<span class="mw-page-title-main">International Criminal Court arrest warrants for Israeli figures</span> 2024 International Criminal Court warrants

On 21 November 2024, following an investigation of war crimes and crimes against humanity, the International Criminal Court (ICC) issued arrest warrants for two senior Israeli officials, Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former Minister of Defense of Israel, alleging responsibility for the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts during the Israel–Hamas war. The warrant against Netanyahu is the first against the head of government of a major Western ally.

References

  1. 1 2 Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the People's Republic of Bangladesh/Republic of the Union of Myanmar (PDF), International Criminal Court, 14 November 2019, Wikidata   Q131351383, archived (PDF) from the original on 18 January 2024
  2. 1 2 3 Statement of ICC Prosecutor Karim A.A. Khan KC: Application for an arrest warrant in the situation in Bangladesh/Myanmar, International Criminal Court, 27 November 2024, Wikidata   Q131351073, archived from the original on 28 November 2024
  3. 1 2 3 4 Stephanie van den Berg; Shoon Naing (27 November 2024), ICC prosecutor seeks arrest warrant for Myanmar military leader over Rohingya campaign, Reuters, Wikidata   Q131351336, archived from the original on 28 November 2024
  4. 1 2 3 Jonathan Head; Yvette Tan (27 November 2024), ICC prosecutor seeks arrest warrant for Myanmar leader, BBC News, Wikidata   Q131351097, archived from the original on 27 November 2024
  5. 1 2 ICC Prosecutor, Fatou Bensouda, requests judicial authorisation to commence an investigation into the situation in Bangladesh/Myanmar, International Criminal Court, 4 July 2019, Wikidata   Q131351368, archived from the original on 28 November 2024