Seeking Accelerated Justice: ICC Prosecutor Khan Urges Global Action for the Rohingya Crisis

07-07-2023

Alexandra Posta

East and South Asia Team

Global Human Rights Defence

In 2019 the ICC approved a comprehensive investigation focusing on crimes against humanity committed against the Rohingya (ICC, 14 November 2019). The International Criminal Court's chief prosecutor, Karim Khan visited Cox's Bazar, Bangladesh, where he listened to survivors' testimonies regarding the alleged genocide perpetrated by Myanmar's military against the Rohingya population (Regan, 7 July 2023). As a conclusion of his visit Chief Prosecutor Khan stressed the need to expedite justice for the Rohingya and called for global attention to the ongoing crisis (Regan, 7 July 2023).

Over 700,000 Rohingya people have been residing in overcrowded and unsanitary refugee camps in Bangladesh since fleeing attacks in Myanmar's Rakhine state that began in August 2017 (Regan, 7 July 2023).  The governments of Bangladesh and Myanmar have collaborated on a pilot program aimed at relocating the Rohingya population back to Myanmar (HRW, 31 March 2023), however experts emphasize that the Rohingya became refugees due to the reasons that prompted their displacement initially, and note that none of those factors have undergone any significant changes (HRW, 18 May 2023). The Rohingya face severe human rights violations, including murders, rapes, torture, and arson, as documented by those who fled the bloody crackdown (Regan, 7 July 2023). As well as acts of violence, forced deportation, and ethnic and religious persecution (Regan, 7 July 2023).

These violations constitute serious breaches of internationally recognized human rights standards. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) outline fundamental rights and freedoms that are being violated in the case of the Rohingya. Specifically, the right to life (Article 3 of the UDHR and Article 6 of the ICCPR), freedom from torture and cruel, inhuman, or degrading treatment or punishment (Article 5 of the UDHR and Article 7 of the ICCPR), and the right to seek and enjoy asylum (Article 14 of the UDHR and Article 9 of the ICCPR) have been systematically violated. Additionally, the right to freedom of religion and belief (Article 18 of the UDHR and Article 18 of the ICCPR) and the right to non-discrimination (Article 2 of the UDHR and Article 26 of the ICCPR) have been disregarded. Bangladesh, as a state party to various international human rights treaties and conventions, including the UDHR and the ICCPR, is obligated to protect and uphold these rights within its territory (Regan, 7 July 2023).

Failure to address these violations places Bangladesh at risk of violating its international human rights obligations and jeopardizes the rights and dignity of the Rohingya people. It is imperative for Bangladesh, as well as the international community, to take swift and decisive action to investigate and hold accountable those responsible for these grave human rights violations, ensuring justice and reparations for the Rohingya (Ragen, 7 July 2023). ICC prosecutor Kahn expressed frustration with the slow progress and urged the acceleration of efforts to bring justice for the Rohingya (Ragen, 7 July 2023). The ICC aims to separate truth from fiction and obtain results while ensuring that the world does not turn a blind eye to the plight of the Rohingya.

SOURCES

Helen Regan. (7 July 2023). Efforts to bring justice to Rohingya must be accelerated, ICC chief prosecutor says. CNN. Available at <https://edition.cnn.com/2023/07/07/asia/icc-prosecutor-karim-khan-rohingya-bangladesh-myanmar-int-hnk/index.html>.

ICC. (14 November 2019). ICC judges authorise opening of an investigation into the situation in Bangladesh/Myanmar. Available at <https://www.icc-cpi.int/news/icc-judges-authorise-opening-investigation-situation-bangladesh/myanmar>.

Human Rights Watch (31 March 2023) Bangladesh: Halt ‘Pilot’ Plan to Return Rohingya. Availabel at https://www.hrw.org/news/2023/03/31/bangladesh-halt-pilot-plan-return-rohingya

Human Rights Watch (18 May 2023) Bangladesh: New Risks for Rohingya Refugees. Available at < https://www.hrw.org/news/2023/05/18/bangladesh-new-risks-rohingya-refugees>