Open AccessTHE INTERNATIONAL CRIMINAL COURT AS A VERITABLE TOOL FOR THE PROTECTION OF THE RIGHTS OF ETHNIC MINORITIES: EXAMINING THE ICC’S DECISIONS REGARDING THE PEOPLE OF ROHINGYA
Author(s) -
Ikechukwu P. Ugwu
Publication year - 2021
Publication title -
indonesian law journal (jakarta)/indonesian law journal
Language(s) - English
Resource type - Journals
eISSN - 2722-8568
pISSN - 1907-8463
DOI - 10.33331/ilj.v14i1.50
Subject(s) - statute , jurisdiction , law , deportation , ethnic group , political science , state (computer science) , rome statute of the international criminal court , criminal court , jurisprudence , international law , criminology , sociology , statute of limitations , immigration , algorithm , computer science
Notwithstanding obstacles to the power and jurisdiction of the ICC, the judges’ posture is that the court is ever ready to protect ethnic minorities against any form of violations. Regarding the situation of the Rohingya people in Myanmar, the Pre-Trial Chamber 1 and III of the ICC held that the ICC could exercise jurisdiction over Myanmar, a non-party State to the Rome Statute, for the deportation of the Rohingya people to Bangladesh. With these decisions, international observers hope for accountability for those responsible for the crimes committed against the Rohingya people. It examines the applicable law and history of discrimination of the Rohingya people using the descriptive method and then examines the jurisprudence behind these rulings using the analytical method. Finally, this article suggests that the Rome Statute should be consistently interpreted by the ICC judges to advance the Rome Statute’s intention, especially when ethnic minority groups are involved.