By Irrawaddy
“The ICC has nothing
to do with Myanmar. Whatever [steps toward] prosecution the ICC has made,
Myanmar has no reason to respond,” U Zaw Htay told The Irrawaddy on Friday.
NAYPYITAW — The
government will not respond to a request that the International Criminal Court
(ICC) consider opening a case over the alleged deportation of hundreds of
thousands of Rohingya Muslims to Bangladesh, government spokesman U Zaw Htay
said.
The President’s
Office called the ICC’s demand a deliberate attempt to increase international
attention and pressure on the Myanmar government. It said the ICC’s demand is
not in line with international law, rules, regulations or procedures.
In a decision
published on Thursday, the ICC asked Myanmar to respond by July 27 to a request
made in April that the ICC exercise jurisdiction over the alleged crimes. The
ICC asked Myanmar to submit its views on the court’s jurisdiction and the
circumstances surrounding the movement of Rohingya across the border into
Bangladesh.
“Considering that
the crime of deportation is alleged to have commenced on the territory of
Myanmar, the chamber deems it appropriate to seek observations from the
competent authorities of Myanmar on the prosecutor’s request,” the ICC said.
Around 700,000
people, mostly Rohingya, have fled Myanmar to Bangladesh since a military
counterinsurgency operation in August 2017 that the United Nations has called
ethnic cleansing.
The 1998 Rome
Statute establishing the ICC was signed and ratified by 123 member states. The
statute establishes the court’s functions, jurisdictions and structure.
The ICC does not
have automatic jurisdiction in Myanmar because it is not a member state.
However, prosecution could be possible through Bangladesh, which is a member.
Myanmar signed a
bilateral agreement in November providing for the repatriation of Rohingya from
Bangladesh. The process has stalled, however, with officials on both sides
citing a lack of preparations.
On June 6, the UNHRC
and UNDP signed a memorandum of understanding with Myanmar to establish a
framework for cooperation to create conducive conditions for the voluntary,
safe, dignified and sustainable repatriation of refugees from Bangladesh and
for helping to create improved and resilient livelihoods for all communities
living in Rakhine State.
The government also
announced plans to form a three-member investigation commission, including an
international member. The Lower House of the Union Parliament approved
establishing the commission over opposition from the Union Solidarity and
Development Party (USDP) and the Arakan National Party (ANP).
U Pe Than, a central
executive member of the ANP and a lawmaker representing Myebon Township in the
Lower House, said the ICC’s intervention will only worsen the problem.
“It is the Bengali
organizations that triggered the problem. The accusations that security
personnel created the problem are unreasonable,” he said.
Some lawmakers from
the ruling National League for Democracy (NLD) told The Irrawaddy that the
Myanmar government has no reason to respond to any demands from international
agencies including the ICC.
“The United States
has resigned from the UNHRC because of its accusations. Even a country like the
US, which has championed human rights, has resigned from it because of its
prejudice. This explains everything,” U Zaw Htay said.