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In a surprise decision, International Criminal Court judges on Thursday said they could exercise jurisdiction to investigate the expulsion of hundreds of thousands of Rohingya Muslims from their homes in Myanmar as a crime against humanity.
The decision of two against one of the judges paved the way for a possible responsibility for the attacks of the security forces against civilians that began a year ago and caused immense suffering to some 700,000 men, women and children.
A recent UN report called the campaign genocide, with about 10,000 dead; He presented heartbreaking accounts of gang rapes and the widespread destruction of villages.
Despite an international outcry, the Myanmar military campaign was conducted with impunity as the country's civilian leaders refused to criticize the violence. To date, Myanmar de facto leader Daw Aung San Suu Kyi has refused to hold the country's military leaders accountable.
The decision was taken in response to a request from the prosecutor of the International Criminal Court, Fatou Bensouda, who said that although Myanmar is not a member of the court, the crime has continued in Bangladesh, which is a member.
Two of the three judges actually encouraged the prosecutor by expanding his jurisdiction to include related crimes such as persecution and inhumane acts, as well as deportation. They urged him to act quickly.
The involvement of the court in this case raises complex legal issues. A judge refused to approve the decision, arguing that the court's job was not to give advisory opinions.
But the decision has been widely endorsed by legal experts and human rights groups.
"It's bold and innovative," said William Schabas, professor of international law at Middlesex University in London. "It gives the court the opportunity to engage in one of the big crises of the day and it's also a very strong message to the prosecutor. The judges tell him to go ahead.
A legal expert said this offered a new path, as Myanmar refuses to cooperate in any international investigation into robberies and mass murders and killings of Rohingya.
The UN Security Council has not addressed the issue of accountability of Myanmar's leaders, and Myanmar's close ally, China, should block any move to defer the Rohingya crisis to the court.
"This decision is extremely important because, so far, it's the only way to a measure of accountability," said Alex Whiting, professor of international law at Harvard University. "There will be great challenges, but a challenge in itself is not a reason not to act."
In August, an independent United Nations fact-finding mission stated that the Myanmar army had committed atrocities constituting "genocidal intent" and cited six military commanders who should be prosecuted for genocide.
