 The seal of the International Criminal Court | |
| File no. | ICC-01/19 |
|---|---|
| Date opened | November 14, 2019 (2019-11-14) |
| Incident(s) | Deportation of Rohingya from Myanmar to Bangladesh |
| Crimes | Crimes against humanity: · Deportation · Persecution |
| Status of suspect | |
| Website:https://www.icc-cpi.int/bangladesh-myanmar | |
TheInternational Criminal Court Investigation in Bangladesh/Myanmar is an investigation by theInternational Criminal Court for crimes related to thedeportation of Rohingya from Myanmar to Bangladesh that occurred since 1 June 2010 partly inBangladesh and partly inMyanmar. The full investigation started on 14 November 2019.[1] An arrest warrant forMin Aung Hlaing forcrimes against humanity was requested on 27 November 2024.[2][3][4]
On 9 April 2018, ICC ProsecutorFatou Bensouda requested that the court decide on its jurisdiction over the situation of thedeportation of Rohingya from Myanmar to Bangladesh, given thatBangladesh was astate party to the Rome Statute but Myanmar was not. The court stated that it had jurisdiction under Article 12(2)(a) of theRome Statute.[5]
Bensouda started a preliminary examination of the case in September 2018. She found "a reasonable basis to believe that at least 700,000 Rohingya" had been coercively deported, with the commission of crimes under Articles 7(1)(d), 7(1)(k) and 7(1)(h) of the Rome Statute, partly in Myanmar and partly in Bangladesh. On 4 July 2019 she requested permission to start a full investigation for events of the deportation starting since 9 October 2016.[5]
On 14 November 2019, Pre-Trial Chamber III of the ICC authorised the investigation to commence, with scope covering crimes linked to the request that partly occurred in Bangladesh on or after 1 June 2010. The Chamber justified the 2010 start date based on the information it had received about crimes apparently committed earlier than 2016, and 1 June 2010 based on the date of Bangladesh becoming a party to the Rome Statute. No end date was set for the scope, on the condition that other crimes are "sufficiently linked" to the request for opening the investigation.[1]: 53–57
The initial investigations focused on violence against the Rohingya inRakhine State in 2016 and 2017 and the movements of Rohingya from Myanmar to Bangladesh that followed the violence.[2] Evidence considered in the investigation included witness reports, "documentary evidence and authenticated scientific, photographic and video materials".[3]
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On 27 November 2024, ICC ProsecutorKarim Ahmad Khan requested an arrest warrant againstMin Aung Hlaing from Pre-Trial Chamber I, stating that there were reasonable grounds to believe that Hlaing held "criminal responsibility for the crimes against humanity of deportation and persecution of the Rohingya, committed in Myanmar, and in part in Bangladesh" between 25 August 2017 and 31 December 2017 byTatmadaw, includingBorder Guard Forces, and by theMyanmar Police Force and non-Rohingya civilians.[2][3][4]
AHuman Rights Watch legal advisor described the 27 November 2024 arrest warrant request against Hlaing as "com[ing] amid renewed atrocities against Rohingya civilians that echo those suffered seven years ago" and stated that "the ICC's action is an important step toward breaking the cycle of abuses and impunity that has long been a key factor in fueling the military's mass violations."[3] Tun Khin of the Burmese Rohingya Organisation described the request as "another step towards justice and accountability."[4]
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