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In a decision that could pave the way for the first criminal prosecution of the Myanmar army's ethnic cleansing campaign, the International Criminal Court said Thursday that it has jurisdiction to investigate the forced eviction of Rohingya as a possible crime against humanity.
More than 700,000 people from the stateless Muslim minority have been forced out of their homes in northern Rakhine State (Myanmar) and neighboring Bangladesh since last August. Survivors described escaping a military frenzy of gang rapes, arson and mass murder.
Thursday's decision offers Chief Prosecutor Fatou Bensouda an opportunity to consider whether there is sufficient evidence of forced deportations or other crimes against humanity to prosecute.
"The decision represents an important moment in the search for accountability for international crimes allegedly committed against the Rohingyas," said Kingsley Abbott, senior legal advisor at the International Commission of Jurists. "It is now up to the Prosecutor to open an investigation as soon as possible".
In a statement, Adilur Rahman Khan, vice president of the International Federation of Human Rights, said that this decision "offers a glimmer of hope for the thousands of deported Rohingya victims … and continues to suffer in Bangladesh because of this serious crime. "
The announcement follows a damning report by US investigators last week that Myanmar's military leader and five other senior commanders are being investigated and prosecuted for genocide, war crimes and crimes against humanity. humanity. In the most widely used language used by US officials, the experts condemned the army's "genocidal intent" and said the long-standing abuses of several ethnic groups are undoubtedly the most serious crimes. serious consequences of international law.
According to what they called a conservative estimate, the US investigation team estimated that some 10,000 people were killed in the latest violence in Rakhine.
As Myanmar is not a member of the Hague-based tribunal, it previously appeared that any possible prosecution would depend on a referral by the US Security Council, where Russia and China could block the motion with a veto.
However, in April, ICC Chief Prosecutor Bensouda asked judges to review the court's jurisdiction over deportation to Bangladesh, which is a signatory to the Rome Statute that governs the court.
Bensouda compared the expulsions to "cross-border shooting," since the crime "is not complete until the bullet (fired in one state) strikes and kills the victim (standing in another state)," according to the Agence-France Presse.
In a summary of their decision, the panel of three judges agreed that the cross-border nature of the alleged crimes gives the court jurisdiction. Their decision also paves the way for a broader investigation than deportations.
"The court may also exercise its jurisdiction in respect of any other crime set forth in Article 5 of the Statute, such as crimes against humanity of persecution and / or other acts inhuman, "said the judges in a written account of their decision.
However, the scope of the investigation would not cover the Kachin or Shan states, where the United States also found evidence of war crimes.
The spokesman for the Government of Myanmar did not respond to a request for comment on the ICC decision. Officials, including civil leader Aung San Suu Kyi, have categorically rejected accusations of military atrocities and have already called on the ICC's attempts to launch an "unfounded" investigation.
