They will leave
Dhaka on July 22
A delegation of the
International Criminal Court (ICC) has arrived in Dhaka to discuss the Rohingya
crisis.
They landed at
Hazrat Shahjalal International Airport around 8:54am on Tuesday and will leave
Dhaka on July 22.
The delegation--
headed by ICC Deputy Prosecutor James Kirkpatrick Stewart-- will talk to senior
government officials and representatives of international organizations over
the Rohingya issue.
They will also hold
meetings with officials of the Law and Home ministries and visit the Rohingya
camps in Cox’s Bazar to see the situation on the ground, officials said.
The prosecutor of
the ICC has already requested its judges to authorize an investigation into
alleged crimes like deportation, other inhumane acts and persecution committed
against Rohingyas.
Read also: ICC to determine after October if Rohingya probe needed http://v.aa.com.tr/1535816
Investigation
into crimes against Rohingyas
According to the
ICC, as Myanmar is not a State Party to the Rome Statute, but Bangladesh is, it
is important to keep in mind that the authorization to investigate-- if granted
by judges-- would not extend to all crimes potentially committed in Myanmar, but
will focus on crimes allegedly committed in part on the territory of
Bangladesh.
Investigating
deportation will, however, mean taking a close look at the alleged violence
that left the Rohingyas no genuine choice but to flee Myanmar.
The request seeks authorization
from the court's judges to open an investigation into alleged crimes within the
jurisdiction of the court in which at least one element occurred in the
territory of Bangladesh and within the context of two recent waves of violence
in the Rakhine state of Myanmar, as well as any other crimes which are
sufficiently linked to these events.
The requested
authorization to investigate the situation covers the period since October 9,
2016.
The prosecutor's
request follows her office's thorough preliminary examination which, in its
assessment, concluded that the legal conditions required under the Rome Statute
to open an investigation have been met.
On April 9, 2018,
the prosecutor filed a request with the court's judges for a legal ruling on
the question of jurisdiction over the alleged deportation of the Rohingya
people from Myanmar to Bangladesh.
The second phase of
the preliminary examination of this situation started last September, following
the judges' ruling in response to that request, which confirmed that the court
may assert jurisdiction pursuant to article 12(2) (a) of the Statute: "if
at least one element of a crime within the jurisdiction of the court or part of
such a crime is committed on the territory of a state party to the Statute."
Following the
office's preliminary examination process, the prosecutor has determined that
there is a reasonable basis to believe that at least 700,000 Rohingyas were
deported from Myanmar to Bangladesh through a range of coercive acts and that
great suffering or serious injuries have been inflicted on the Rohingyas
through violating their right to return to their state of origin.
More specifically,
the information available provides a reasonable basis to believe that, in the
context of the 2017 wave of violence, the following crimes were committed, in
part on the territory of Myanmar and in part on the territory of Bangladesh.
Although the
coercive acts forcing the Rohingya population to flee took place on the
territory of Myanmar, the victims crossed the border -- an essential element
for the crime of deportation -- by entering into the territory of Bangladesh,
according to an ICC media statement.
Other inhumane acts
under article 7(1)(k) of the statute, namely, the infliction of great suffering
or serious injury by means of intentional and severe violations of the
customary international law right of displaced people to return safely and
humanely to the State of origin with which they have a sufficiently close
connection.
The office of the
prosecutor has carefully assessed available information on relevant national
proceedings.
In light of the
gravity of the acts committed -- the details of which are outlined in the
request -- and the absence of relevant national investigations or prosecutions
in Myanmar or in relevant third states, against those who appear to be most
responsible for the most serious crimes within this situation.
The prosecutor
considers that the potential cases that her office has identified as likely to
be the focus of an investigation in this situation, would be admissible
pursuant to articles 53(1)(b) and 17(1) (a) and (b) of the statute.
The prosecutor has
determined that there are no substantial reasons to believe that the opening of
an investigation would not serve the interests of justice, taking into account
the gravity of the crimes and the interests of victims.
As per the
applicable rules, the prosecutor also notified victims or their legal
representatives, of her intention to request authorization to initiate an
investigation in the situation in Bangladesh and Myanmar informing them that
they have until October 28 to submit representations to the judges of Pre-Trial
Chamber III on her request.
The office of the
prosecutor of the ICC conducts independent and impartial preliminary
examinations, investigations and prosecutions of the crime of genocide, crimes
against humanity, war crimes and the crime of aggression.
Source: Dhaka
Tribune