See More on Facebook

Diplomacy

Myanmar says ICC has no jurisdiction over country

Myanmar said on Thursday that the International Criminal Court (ICC) has no jurisdiction to run a case on atrocities against Rohingyas.


Written by

Updated: August 10, 2018

 

“Myanmar is not party to the Rome Statute and the Court has no jurisdiction on Myanmar whatsoever,” said Myanmar’s Ministry of the Office of the State Counsellor in a statement.

The ICC, Myanmar said, has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity and war crimes.

It came up with the observations as the ICC wanted to know Myanmar’s opinion on whether The Hague-based court has jurisdiction to run the case.

Myanmar came with its decision at a time when a high-level delegation led by Foreign Minister AH Mahmood Ali is on a four-day visit to Myanmar to discuss progress on Rohingya repatriation with Myanmar leadership.

The Bangladesh delegation comprising members of joint working group formed earlier for repatriation of Rohingyas living in Bangladesh will see what steps Myanmar has taken so far for creating conducive environment for safe return of Rohingyas.

Minister Ali is likely to go to Northern Rakhine apart from holding meetings with the Myanmar leaders, another official told UNB.

After Bangladesh, the ICC now wanted to know Myanmar’s opinion on the matter.

The pre-trial Chamber of the ICC invited the competent authorities of Myanmar to submit written observations, either publicly or confidentially, on three specific matters by July 27, a senior official told UNB.

The three specific areas are the possibility of the Court’s exercise of territorial jurisdiction over the alleged deportation of members of the Rohingya people from Myanmar into Bangladesh; the circumstances surrounding the crossing of the border by members of the Rohingya people from Myanmar into Bangladesh; and any other matter in connection with the Prosecutor’s Request that, in the opinion of the competent authorities of Myanmar, would assist the Chamber in its determination of this request.

But Myanmar has declined to engage with the ICC by way of a formal reply showing some reasons.

Myanmar said the request by the prosecutor may be interpreted as an indirect attempt to acquire jurisdiction over Myanmar which is not a State Party to the Rome Statute.

“Myanmar, as a non-State Party, is under no obligation to enter into litigation with the prosecutor at the ICC or even to accept note verbales emanating from their registry,” reads the statement.

It said Myanmar is concerned with the lack of “fairness and transparency” of the ICC proceedings.

Earlier, Bangladesh opted for ‘confidential’ mode of submission to the International Criminal Court (ICC) on Rohingya issue which it thinks as a testimony of its ‘keenness to seek bilateral solution’ to this problem.

Prime Minister Sheikh Hasina, globally known as ‘Mother of Humanity’ for her courageous move and generous support to the victims of ethnic cleansing from Rakhine state of Myanmar, was left with no option but to act as per tenets of its history and spirit of humanity,” a Foreign Ministry source told UNB.

Bangladesh concurred with both the territorial jurisdiction as well as the claim of forcible deportation of Rohingyas as Bangladesh believes in ‘establishing accountability for the atrocities’ committed against the Rohingya people from Myanmar.

As a State Party to the ICC, Bangladesh is obliged to follow the court’s requests and suggestions.

International pressure on Myanmar is mounting afresh as it remained ‘very slow’ in creating conditions for the safe return of Rohingyas from Bangladesh.

Earlier, Bangladesh, being one of the State Parties to the Rome Statute, responded to the request of the ICC regarding the Rohingya situation, particularly about the territorial jurisdiction of the ICC as Bangladesh is seeking a “sustainable solution” to the crisis.

A diplomat in Dhaka said in 1993 when the International Criminal Tribunal for the Former Yugoslavia was established, few believed that suspects like Ratko Mladic and Radovan Karadzic, the Bosnian Serb leaders, would ever have to account for themselves.

Analysing the current situation, another diplomat said, “Time is quite right for history to repeat itself.”

Bangladesh submitted written observations confidentially on three specific matters.

Read More



Enjoyed this story? Share it.


Daily Star
About the Author: The Daily Star is a leading English-language daily newspaper in Bangladesh.

Eastern Briefings

All you need to know about Asia


Our Eastern Briefings Newsletter presents curated stories from 22 Asian newspapers from South, Southeast and Northeast Asia.

Sign up and stay updated with the latest news.



By providing us with your email address, you agree to our Privacy Policy and Terms of Service.

View Today's Newsletter Here

Diplomacy

US, NK head toward discussions on nuclear inspections

Summit talks, meetings on nuclear inspections to take place soon. With the leaders of US and North Korea expected to meet soon for a second summit, the two countries are set to restart negotiations on nuclear inspections. US President Donald Trump said Monday that the venue of his second summit with North Korean leader Kim Jong-un would be announced in “a pretty short period of time.” Trump made the comments after talks with President Moon Jae-in in New York, during which Moon conveyed Kim’s proposals to Trump including the date and location for a second summit. Moon’s meeting with Trump follows his three-day trip to North Korea las


By The Korea Herald
September 26, 2018

Diplomacy

Ending Rohingya Crisis: Bangladesh tables 3 proposals at UN meeting

Bangladesh Prime Minister Sheikh Hasina yesterday made three recommendations for solving the Rohingya crisis at its root while at the UN meeting in New York. According to her second recommendation, Myanmar must create a conducive environment by building trust and guaranteeing protection, rights and pathway to citizenship for all Rohingyas. If needed, it should create a “safe zone” inside the country to protect all civilians. Her third recommendation says atrocious crimes against Rohingyas in Myanmar should be prevented by bringing accountability and justice, particularly in the light of recommendations of the Fact-Finding Mission of the UN Human Rights Council. The PM was speaking at a high-level event on the “Global Compact on Refugees: A Model for Greater Solidarity and Cooperation” at the UN headquarters in New York. “In Bangladesh, now we’re faced with the largest forced mov


By Daily Star
September 25, 2018

Diplomacy

Moon, Trump discuss ‘corresponding measures’ for NK denucelarization

South Korean President Moon Jae-in arrived in New York on Sunday for a bilateral summit with US President Donald Trump that is partly aimed at brokering a second US-North Korea summit. South Korean President Moon Jae-in and US President Donald Trump on Monday discussed possible ways to reward North Korea for its denuclearization measures that will apparently include a second US-North Korea summit. “The leaders agreed to continue communicating closely about corresponding measures,” said Kim Eui-kyeom, a spokesman for South Korea’s presidential office Cheong Wa Dae. In their bilateral summit held in New York, the leaders of South K


By The Korea Herald
September 25, 2018

Diplomacy

New airport construction adds to China’s influence in the Maldives

Maldives airport opened a new runway constructed by China this week, a sign of Beijing’s growing influence on the island nation. Maldives airport opened its newly developed Code F runway at the Velana International Airport on Tuesday after two years of construction by Chinese firms. According to Chinese state media, the new runway is a milestone project of the Belt and Road Initiative. The contract for the airport expansion, including the development of the fuel farm, a cargo terminal, and the new runway, was signed between China and the Maldives in 2014, Xinhua News Agency reported. Constructed by Beijing Urban Construction Group, a large international construction group based in China, the new runway is 3,400 meters long and 60 meters wide. It is the latest push by China to gain influence over the politically troubled nation. Earlier this year, Maldivian President Abdulla Y


By Cod Satrusayang
September 20, 2018

Diplomacy

Kim vows to visit Seoul, dismantle nuke, missile sites

North Korean leader Kim Jong-un on Wednesday pledged to visit Seoul and reaffirmed commitment to giving up his country’s nuclear program. The Pyongyang Joint Declaration of September 2018 signed by the two l


By The Korea Herald
September 20, 2018

Diplomacy

El Salvador ups pressure on Taiwan relations

Prosecutors in El Salvador to investigate the alleged graft of some $10 million in funds donated by Taiwan. El Salvador announced it would sever ties with Taiwan and switch its allegiance to Beijing on 21th August. The loss of the Central American country reduces the number of Taiwan’s formal diplomatic allies to just 17. Now the current president of El Salvador, Sanchez Ceren, is accused that he won the election by relying on partial fund which was donated by Taiwan in 2014. Prosecutor Douglas Melendez said in a TV interview that Taiwan gave $38 million to El Salvador for various projects, but the fund was used in a partisan campaign by Mauricio Funes in election won by current President Salvador Sanchez Ceren, the presidential candidate of the FMLN party in 2014. The FMLN party calling the accusations “baseless” and accusing Melendez of “attacking our candidate and o


By Asia News Network
September 20, 2018