Prof Dr Tareq Shamsur Rahman, Political Analyst :
In an unprecedented ruling on September 6, the Hague-based International Criminal Court (ICC) said it had jurisdiction over the alleged deportation of Rohingyas from Myanmar as a possible crime against humanity although the country is not a party to the Rome Statute, which established the ICC.
Meanwhile, Myanmar rejected the ICC ruling, raising a doubt over trying the military top brass of Myanmar.
Around 750,000 Rohingyas have fled Myanmar and entered Bangladesh following a military crackdown last year. A number of important persons have visited Bangladesh in the last one year and come to know directly from Rohingya women about genocide and gang rape in Myanmar.
The head of the International Committee of Red Cross also bears witness to the genocide in Myanmar. Therefore, it is now proven beyound doubt that Myanmar committed genocide in its Rakhine state.
Meanwhile, the UN Independent International Fact-Finding Mission on Myanmar found patterns of gross human rights violations committed in Rakhine, Kachin, and Shan States, and called for the investigation and prosecution of Myanmar’s top military generals.
The fact-finding team, led by former Indonesian attorney general Marzuki Darusman submitted the report to Geneva on August 26. The report accused Myanmar’s army chief General Min Aung Hlaing and other five top military generals of genocide.
The Pre-Trial Chamber [of ICC] in a written summary of its decision said, “The Court has jurisdiction over the crime against humanity of deportation allegedly committed against members of the Rohingya people. The reason is that an element of this crime – the crossing of a border – took place on the territory of a State party (Bangladesh).”
Myanmar’s government said on Friday it “resolutely rejects” a ruling from the ICC. Therefore, a big question mark hangs over the possibility of trying the generals responsible for the mass killing.
Serb warmonger Radovan Karadzic, former Liberian President Charles Taylor, former Sudanese President Omar al-Bashir and current Kenyan President Uhuru Kenyatta (charges dropped later), all were trued as per the Rome Statute of the International Criminal Court.
Article 6 of the Rome Statute describes five specific crimes considered genocide. These are killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of calculated to bring about its physical destruction in whole or in part, imposing measures intended to prevent births within the group and forcibly transferring children of the group to another group.
Article 7 described and defined crimes against humanity.
Now if we have a look at the situation in the Rakhine state, we will see that Myanmar army has committed crimes as per the Rome Statute. Myanmar is not a signatory to Rome Statute but that does not stand in the way of trial.
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court. It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. Sudan also is not a signatory to the Rome Statute. However, Sudanese President Omar al-Bashir was accused for carrying out genocide in Darfur and he was tried. He is now absconding in the eyes of law.
The ICC worked where crimes were committed in different countries. The accused war criminals are still awaiting verdicts in the detention centre of The Hague. Therefore, the ICC should now work for trying the people accused of genocide in the Rakhine state of Myanmar.
Internal pressure on Myanmar should be stepped up. Myanmar’s de facto leader Aung San Suu Kyi cannot evade her responsibility.
Bangladesh can exchange its views with its friendly neighbours and continue all-out diplomatic efforts.
Translated by Hossen Sohel