ZCZC
BFF-30
MYANMAR-UNREST-ROHINGYA-ICC
ICC to probe Myanmar crimes against Rohingya
THE HAGUE, Sept 19, 2018 (BSS/AFP) – The International Criminal Court’s
prosecutor opened a preliminary probe on Tuesday into Myanmar’s alleged
crimes against Rohingya Muslims, including killings, sexual violence and
forced deportations.
Prosecutor Fatou Bensouda will look at whether there is enough evidence to
warrant a full investigation into Myanmar’s military crackdown which has seen
some 700,000 people flee into neighbouring Bangladesh.
The move comes nearly two weeks after judges ruled that even though Myanmar
has not signed up to the Hague-based ICC, the court still has jurisdiction
over crimes against the Rohingya because Bangladesh is a member.
“I have decided to proceed to the next phase of the process and to carry
out a full-fledged preliminary examination of the situation at hand,”
Bensouda said in a statement.
Bensouda said the initial probe “may take into account a number of alleged
coercive acts having resulted in the forced displacement of the Rohingya
people, including deprivation of fundamental rights, killing, sexual
violence, enforced disappearance, destruction and looting.”
She said she would also consider whether other crimes would apply to the
plight of the Rohingya “such as the crimes of persecution and other inhumane
acts.”
A preliminary examination can lead to a formal investigation by the ICC —
which was set up in 2002 to investigate war crimes and crimes against
humanity — and then possible indictments.
The ICC announcement came on the same day as UN investigators said that
Myanmar’s army had used “hard to fathom” levels of violence against the
Rohingya and should be prosecuted for genocide.
The UN fact-finding mission also repeated suggestions that crimes against
the Rohingya be referred to the ICC.
– ‘Avenue to justice’ –
Rights group Amnesty International said it was “great that the
International Criminal Court has opened this important avenue to justice for
the Rohingya.
“Keep the momentum going — the UN Security Council needs to refer the
situation in Myanmar to the ICC to ensure it can investigate all crimes under
international law,” the group said on Twitter.
Myanmar’s army has denied nearly all wrongdoing, insisting its campaign was
justified to root out Rohingya insurgents who staged deadly raids on border
posts in August 2017.
It has also “resolutely” rejected the ICC’s assertion that it has
jurisdiction over the crime, saying that the decision was in “manifest bad
faith” and was of “dubious legal merit”.
The Myanmar probe is a major advance for the ICC, which has so far largely
focused on investigations into African conflicts and lacks the support of key
countries including the United States, Russia, China and Israel.
The ICC recently faced threats and criticism from US National Security
Advisor John Bolton over the possibility of a war crimes investigation into
US actions in Afghanistan.
Bolton said the court was “already dead to us” and its judges could face US
sanctions.
The court hit back at Bolton, saying that it would “continue to do its work
undeterred, in accordance with those principles and the overarching idea of
the rule of law”.
BSS/AFP/GMR/1113 hrs